G 


OT 


EMBRACING  ALL  ORDINANCES  IN  FORCE  TO 


I€,  IS 72. 


^Revised  by  Branch.  T,  Masterson,  Usq. 


aAl.VESTON  ; 

PRINTED  AT  THE  ‘‘DAILY  CIVILIAN’’  BOOK  AND  JOB  OFFICE. 

1ST2. 


OATALOaUE 


From  its  Incorporation,  Marcli,  1839,  to  Marcli,  1872, 


KiJiAiCK^  S&i*0h,^1839,  to  June  1840. 

MAYOR. 

JOHl^  M.  ALLEX. 

ALDERMEN.  (A.) 

G.  II.  YanwincklCj 
John  S.  Evans, 

Y.  B.  Yard, 

B.  Watson, 

D.  8.  Kelsey, 

L.  Wescott, 

^ K.  Griffith,  C.  M.  Gahagan, 

John  Derrick. 

John  K.  Eeed,  Secretary;  Leander  Wescott,  Marshal ; 
^ Peter  J.  Menard,  Treasurer ; Lent  M.  Hitchcock,  Harbor 
Master  ; James  M.  McKuight,  Eecorder. 


O’ 

4 

^ Gail  Borden,  jr., 

3 Joseph  Taylor, 

4 W.  B.  Mchols, 
^ Josh.  0.  Shaw, 

A 0.  F.  Bauinlin, 
i K.  Taylor, 

K.  Griffith, 


June  1840,  (b.)  to  March  1841. 

J MAYOR. 

1 JOHN  H.  WALTOK. 

{2  AI.DERMEN. 

^Josh.  C.  Shaw,  B.  A.  Shepard, 

iW.  B.  Nichols,  Michael  Seeligson, 

^Lent  M.  Hitchcock,  Peter  J.  Menard. 

^S.  W.  Tichenor,  John  D.  Groesbeck, 

9 John  S.  Sydnor. 

2 George  Haswell,  Secretary ; Leander  Wescott,  Mar- 
Jshal ; William  Fields,  Treasurer;  J.  Selden,  Harbor  Master. 

^ (a.)  The  Board  consisted  always  of  nine  xVlderraen,  hut  several  re- 

j signed  in  1839,  and  their  places  were  filled. 

t'i  (b.)  In  1840  occ’  rred  the  war  of  the  old  and  new  charter  x^arties. 
*cFrom  June  to  AngT.sc,  Allen  and  V7alton  both  claimed  to  be  Mayor,  with 
C^^distinct  Aldermen.  Walton  and  the  new  charter  triumphed. 


11 


CATALOaUEc 


1841. 

MAYOR. 

JOHISr  M.  ALLEN. 

ALDERMEN. 

Jacob  L.  Briggs, 

Stephen  Kirklandy 
S.  W.  Tichenor, 

James  Foulhouze, 

K.  M.  Hannay. 

John  S.  Jones,  Secretary  ; Leander  Wescott,  Marshal; 
J.  M.  Branham,  Treasurer ; Lent  M.  Hitchcock,  Harbor  Mas^ 
ter.  ^ 


Oscar  Farish, 

A.  J.  Cody, 

W.  B.  Nichols, 

Lent  M.  Hitchcock, 


1842. 

MAYOR. 

J.  M.  BEANHAM. 

ALDERMEN. 

Hamilton  Stuart,  A.  Swingle, 

Andrew  Baldinger,  Lent  M.  Hitchcock, 

Alden  A.  M.  Jackson,  John  M.  Jones, 

Oscar  Farish,  William  Garlic, 

A.  C.  Crawford. 

Alfred  F.  James,  Secretary;  Leander  Wescott,  Marshal ; 
T.  T.  Hopkins,  Treasurer  ; Lent  M.  Hitchcock,  Harbor  Mas- 
ter. 


1843. 

MAYOR. 

JOHN  M.  ALLEN. 

ALDERMEN. 

Hamilton  Stuart,  M.  Meugins, 

Francis  Q.  Brown,  Oscar  Farish, 

Lent  M.  Hitchcock,  A.  J.  Maynard, 

Josh.  0.  Shaw,  E.  L.  Ufford. 

John  S.  Jones,  Secretary ; Leander  Wescott,  Marshal  ; 
Frank  Hitchcock,  Treasurer;  Lent  M.  Hitchcock,  Harbor 
Master  ; F.  H.  Merriman,  Eecorder. 


John  M.  Jones, 
Lent  M.  Hitchcock, 


1844. 

MAYOR. 

JOHN  M.  ALLEN. 

ALDERMEN. 

Jacob  L.  Briggs, 
E.  P.  Jones, 


CATALOaUE. 


Ill 


Josh.  C.  Shaw,  E.  Sevier, 

A.  J.  Maynard,  A.  C.  Crawford, 

John  Armstrong. 

Daniel  Marston,  Secretary;  J.  H.  F.  Ohapinan,  Mar- 
shal ; Frank  Hitchcock,  Treasurer;  IST.  Hurd,  Harbor  Master ; 
StacyyB.  Lewis,  Aaron  Burns,  J.  Lambert,  Port  Wardens 
(first  authorized). 

1845. 

MAYOn. 

JOHK  M.  ALLEK 


Oscar  Farish, 
John  H.  Bennett, 
Jacob  L.  Briggs, 
A.  C.  Crawford, 


ALDERMEN. 

James  Cronican, 

John  Armstrong, 

John  M.  Jones, 

Lent  M.  Hitchcock, 

Hamilton  Stuart. 

Daniel  Marston,  Secretary;  J.  H.  F.  Chapman,  Marshal ; 
Frank  Hitchcock,  Treasurer ; ]!^.  Hurd,  Harbor  Master  ; 
Aaron  Burns,  J.  Selden,  J.  M.  Seymour,  Port  Wardens. 

1846. 

MAYOR. 

JOKE  S.  SYDNOE. 

ALDERMEN. 

Simon  L.  Jones, 

Hamilton  Stuart, 

Wm.  C.  Byrne, 

Antone  Officier, 

H.  A.  Cobb. 

Daniel  Marston,  Secretay;  Ferdinand  Flake,  Marshal  ; 
Lent  M.  Hitchcock,  Treasurer,  Luke  A.  Falvel,  Harbor 
Master  ; Stacy  B.  Lewis,  Aaron  Burns,  F.  E.  Cobb,  Port 
Wardens. 


Oscar  Farish, 

A.  C.  Crawford, 
A.  J.  Maynard, 
John  H.  Bennett, 


1847. 


MAYOR. 

JOHN  S.  SYDNOE. 

ALDERMEN. 

E.  S.  Wood, 

S.  W.  Tichenor, 

Stephen  Kirkland, 

H.  A.  Cobb, 

A.  J.  Maynard. 

Daniel  Marston,  Secretary;  W.  N.  Sparks,  Marshal; 
Lent  M,  Hitchcock,  Treasurer ; F.  E.  Cobb,lHarbor  Master ; 
Stacy  B.  Lewis,  Aaron  Burns,  J.  Perry,  Port  Wardens. 


Oscar  Farish, 

A.  0.  Crawford, 

B.  L.  Ufford, 
Josh.  C.  Shaw, 


IV 


CATALOCTE. 


John  L.  Darraab, 


1848. 

MAYOR. 

JOSEPH  BATES. 

ALDERIMEN. 

Stephen  Southwickj 
Morgan  L.  Parrjj  James  G.  Hurd, 

George  H.  Delesdernier,  James  M.  Brown, 

Lent  M.  Hitchcock,  Wm.  E.  Smith, 

Michael  Seeiigson. 

Daniel  Marston,  Secretar3' ; John  Howe,  Marshal ; Lent 
M.  Hitchcock,  Treasurer ; Aaron  Burns,  Harbor  Master ; N. 
Hurd,  Henry  Austin,  Charles  Behling,  Port  Wardens, 

1849. 

MAYOR. 

HAMILTOIST  STUAET. 

ALDER]\IEN. 

Morgan  L.  Parry,  Charles  L.  Beisner, 

George  H.  Delesdernier,  Cephas  B.  Adams, 

John  L.  Darragh,  Wm.  E.  Smith, 

Christopher  Fox,  E.  L.  Ufford, 

Ephraim  McLean. 

E.  A.  Ehodes,  Secretary;  hi.  S.  Hill,  Marshal ; John  H. 
Bennett,  Treasurer;  Aaron  Burns,  Harbor  Master  ; Ii^athan- 
iel  Hoyt,  Henry  Austin,  Charles  Behling,  Port  Wardens. 

1850. 

MAYOR. 

HAMILTON  STUAET. 

ALDERIMEN. 

Josh.  C.  Shaw, 

H.  A.  Cobb, 

Benj.  Van  Buren, 

George  H.  Delesdernier, 

E.  O.  Lynch. 

Wm.  M.  Serjeant,  Secretary;  Powell  E.  Edwards,  Mar- 
shal ; John  H.  Bennett,  Treasurer ; Thomas  W.  Marshal, 
Harbor  Master ; Charles  Behling,  N.  Hoyt,  A.  P.  Lufkin, 
Port  Wardens. 


E.  P.  Hunt, 

George  Ball, 
Charles  L.  Beisner, 
Henry  Journeay, 


E.  P.  Hunt, 
E.  O.  Lynch, 


1851. 

MAYOR. 

HxiMILTON  STUAET. 

ALDERMEN. 

Simon  L.  Jones, 

George  H.  Delesdernier, 


CATALOGUE. 


V 


Mark  M.  Potter,  Henry  Jonrneay, 

Charles  L.  Beisner,  James  P.  Sherwood, 

Allen  Levris. 

Win.  M.  Sergeant,  Secretary;  Powell  E.  Edwards,  Mar- 
shal ; Lent  M.  Hitchcock,  Treasurer ; Thomas  W.  Marshal, 
Harbor  Master ; Hoyt,  Aaron  Barns,  Charier  Behling, 
Port  Wardens. 


1852. 

MAYOK. 


HAMILTON  STUAET. 

ALUETv/TtlEN. 

. George  H.  Deiesdeniier, 
Edward  Keough, 

Cephas  B.  Adams, 

Yv"ia.  F.  Crow, 

Charles  Behling. 
yjm.  M.  Sergeaiit,  Secretary;  K S.  Hill,  Marshal;  John 
H,  Bennett,  Treasurer ; N.  Hoyt,  Harbor  Master  ; A.  P. 
Lufkui,  H.  A.  Wilson,  H.  W.  Patrick,  Port  Wardens  ; Ed 
ward  Drew,  Sexton. 


E.  O.  Lynch, 

S.  Graves, 

E.  L.  Uflbrd, 

F,  W.  Schmidt, 


■John  S.  Jones, 
Jacob  H.  Thackera, 
Mach  a el  Jordan, 
Christopher  Fox, 


1853. 

MAYOE. 

M.  SEELIGSON  (resigned),  WILLAED  EICHAEDSON. 
ALT)EE1M.E]N » 

Stephen  Kirkland, 

Jacob  L.  Briggs, 

David  Webster, 

John  P.  Davie, 

• J.  H.  Le  Pert 
Leroy  H,  Smith,  Secretary;  N.  S.  Hill,  Marshal ; John 
H.  Eennett,  Treasurer;  N.  Hoyt,  Harbor  Master;  H.  W. 
Patrick,  E.’L.  IJfiVjrd,  Dan  Philips,  Port  Wardens;  John  N. 
Eeed,  Searcher  of  Vessels  ; Edward  Drew,  Sexton. 

liin.'  • 

MAYOE. 

JAMES  CKONICAN. 

^ ALDEPAIEN. 

E.  Walbridgo,  Edward  Hill, 

James  Sorley,  Charles  L.  Beisner, 

Gilbert  Winnie,  P.  E.  Edwards, 

John  S,  Jones,  Isadore  Dyer, 

Jacob  L.  Briggs, 

Leroy  H.  Smith,  Secretary;  John  N.  Eeed,  Marshal ; 
JolinH.  Bennett,  Treasurer;  Thomas  W.  Marshal,  Harbor 


VI 


CATALOGUE. 


Master;  Dan.  Philips,  Josh.  C.  Shaw,  George  Westrop,  Port 
Wardens ; Peter  Delbrei,  Searcher  of  Vessels  ; Edward 
Drew,  Sexton. 


1855. 


MAYOE. 

JAMES  E.  HAVILAND. 


ALDEEMEN. 


Hamilton  Stuart, 
H.  B.  Martin, 
John  M.  Jones, 

K.  H.  Howard, 


James  Cronican, 
Jacob  L.  Briggs, 
Allen  Lewis, 
Joseph  W.  Eice. 
P.  E.  Edwards. 


Lero}^  H.  Smith,  Secretary;  J.  Eeed,  Marshal ; John 
H.  Bennett,  Treasurer ; Thomas  W.  Marshal,  Harbor  Mas- 
ter ; Josh.  C.  Shaw,  Charles  Behiing,  J.  W.  Wood,  Port 
Wardens;  Peter  Delbrei,  Searcher  of  Vessels;  John  de 
Young,  Surveyor ; Edward  Drew,  Sexton  ; A.  Allen, 
Weigher. 


1856. 

MAYOE. 

JOHN  HENEY  BEOWN. 


• ALDEEMEN. 

Leslie  A.  Thompson,  E.  L.  Ufford, 

Julius  Kauffman,  N.  Lidstone, 

John  L.  Darragh,  William  Shields, 

Charles  L.  Beisner,  J.  W.  Benedict,  res.,  > 

John  P.  Davie,  N.  B.  Yard,  vac.  I 

Leroy  H.  Smith,  Secretary ; John  N.  Eeed,  Marshal ; 
David  Wakelee,  Treasurer ; Thomas  W.  Marshal,  Harbor 
Master;  A.  P.  Lufkin,  Frank  Hitchcock,  Lewis  Parker, 
Port  Wardens ; Edward  Drew,  Sexton  ; Peter  Delbrei, 
Searcher  of  Vessels;  John  O.  Trueheart,  Surveyor;  Wm. 
M.  Hudson,  Weigher. 


Note. — The  office  of  Surve^^or  has  been  filled  by  John  O.  Trueheart, 
John  de  Youii^^,  S.  P.  Brown  and  others ; that  of  Weigher,  by  Wm.  M. 
Hudson,  A.  Alien,  Ira  Day,  N.  Parker,  H.  King,  Geo.  B.  Inuis,  L.  W. 
Dake,  R.  Jnlfs,  at  different  periods.  Some  offices  of  Lave  been  irregu- 
lar. Until  1852,  the  surbordinate  officers  were  elected  by  the  Council. 
Resignations,  not  noted,  have  occurred,  and  the  vacancies  have  been 
filled.  Much  confusion  prevailed  in  1840,  in  consequence  of  the  new 
charter  raising  doubts  ; so,  also,  in  1853,  but  the  elected  officers  all  held 
their  seats.  About  June,  however.  Mayor  Seeligson  resigned,  and  was 
succeeded  by  Willard  Richardson  for  the  remainder  of  the  term.  The 
Secretary  has  heretofore  been  termed  “City  Clerkf^  under  the  new  char- 
ter he  was  designated  as  ‘‘Secretary.” 


CATALOGUE. 


vii 


1857. 

MAYOR. 

JOim  HEIS^EY  BROWN. 


H.  Julfs, 

L.  A.  Thompson, 
J.  S.  Sydnor, 
James  Mageen, 

M.  Menard, 

W.  Shields, 


ALDERMEN. 

T.  M.  League, 

C.  L.  Beisiier, 

D.  D.  Atchiuson, 

A.  P.  Lufkin, 

B.  C.  Franklin, 
N.  Lidstone. 


Charles  E.  Thompson,  Secretary ; John  N . Reed,  Mar- 
shal ; William  C.  Griffith,  Assessor  and  Collector ; David 
Wakelee,  Treasurer;  Luke  A.  Falvel,  Harbor  Master  ; John 
de  Young,  Surveyor;  Frank  Hitchcock,  Joseph  McLelland, 
and  Lewis  Parker,  Port  Wardens  ; William  M.  Hudson, 
Weigher,  Guagerand  Measurer  ; Peter  Delbrel,  Searcher  of 
Vessels;  Edward  Drew,  Sexton. 

1858. 

MAYOR. 

THOMAS  M.  JOSEPH. 

ALDERMEN. 

James  Mageeii,  Peter  J.  Menard, 

W.  Shields,  D.  D.  Atchinson, 

C.  L.  Beisner,  C.  H.  Leonard, 

A.  P.  Lufkin,  P.  C.  Tucker, 

N.  Lidstone,  J.  L.  McKeen, 

H.  Journeay,  Julius  Frederick. 

John  N.  Reed,  Marshal;  H.  Julfs,  Assessor  and  Col- 
lector ; D.  Wakelee,  Jr.,  Treasurer;  John  de  Yoiiiig,  Sur- 
veyor ; Luke  A.  Falvel,  Harbor  Master ; Frank  Hitchcock, 
J.  F.  McClellan  and  Lewis  Parker,  Port  Wardens  ; B. 
Thereon,  W^eigher  and  Guager;  Peter  Delbrel,  Searcher  of 
Vessels  ; Edward  Drew,  Sexton  ; Charles  E.  Thomi^son, 
Secretary. 

1859. 

MAYOR. 

THOMAS  M.  JOSEPH. 


H.  Journey, 
Peter  J.  Menard, 
D.  D.  Atchinson, 
C.  H.  Leonard, 
P.  C.  Tucker, 

J.  L.  McKeen, 


ALDERMEN. 

E.  T.  Austin, 

John  Muller, 

A.  S.  Ruthven, 

G.  W.  Beisner, 
William  Thompson,, 
J.  H.  Hutchins. 


CATALOGUE, 


^iii 

John  K E{36(1,  Marshal;  Allen  Cameron,  Assessor  and 
Collector ; D,  Wakelee,  Jr.,  Treasurer ; James  Mageen,  Har- 
bor Master;  Joliii  de  Young,  Surveyor;  Peter  Delbrel, 
Searcher  of  Vessels  ; Edward  Drew,  Sexton;  Alex.  Pitt, 
Inspector  and  Ganger;  Frank  Hitchcock,  Lewis  Parker  and 
Samnel  Crowley,  Port  Wardens;  Charles  E.  Thomitson, 
Secretary. 


1860. 

MAYOE. 

THOxMAS  M.  JOSEPH. 


ALDEBMEN. 


IF  T.  Austin, 

John  iVInller, 

A,  S.  Euthven, 

G.  W.  Beisner, 
William  Thompson, 
J.  H.  Hutchins, 

E.  Tiernan, 
Tl^eodore  Wagner, 


J.  C.  Kuhn, 

F.  H.  Merriman, 
C.  H.  Leonard, 
T.  A,  YvMson, 

H.  B.  Andrews, 
M'.  Eimley, 

L.  Behier, 

W.  Evans. 


Joliii  H.  Yvesterkige,  Marshal;  Allen  Cameron,  Asses- 
sor and  Collector ; Aaron  Burns,  Harbor  Master ; D.  Wake- 
lee,  Ji\,  Trea-siirer ; M.  C.  Lawton,  Surveyor;  B.  Mageeii, 
Sen  roller  of  Vessels  ; F.  Peters,  Sexton;  J.  J.  Jeimey, 
Weigher  and  G-iiager ; Frank  Hitchcock,  Lewis  Parker,  Luke 
A-  Faivel,  Port  ‘Wardens ; J.  W.  Moore,  Secretary. 


1861. 

M-AYOB-. 

THOMAS  M.  JOSEPH. 

ALU  E my£E  1ST  • 

Theodore  Kieinecke, 

F.  H.  Belirman. 

G.  W.  Bcis-ner, 

George  C.  Eains, 

E.  L.  Uffofu. 

I.  Dj^er, 

L.  Beliler, 

M.  Kimley. 

John  H.  Wosterlage,  Marshal;  Allen  Cameron,  Asses- 
sor {iml  Collector  5 David  Walieles,  Jr.,  Treustirer ; Aaron 
Barn.s.  TTarliov  Ma.ster;  Charles  Behling,  'VViliiani H.  Prowse 
and  i'ra-iik  Hitchcock,  Port  Wardens;  Tipton  Walker,  Sur- 
veyor ; L.  Antoiae,  Searclier  of  Vessels;  M.  Cahill,  Sexton  ; 
V.'lvcenig,  Weigher  aiulGuager;  J,  vV'.  Moore,  Secretary. 


B Tiernan, 
Theodore  W agner, 
J.  C.  Kiihri, 

C,  H.  Leonard, 

M f’dard  Menard , 
Li<J.'.tone, 

H.  B.  Andrews, 


CATALOGUE. 


IX 


1862. 

mayor. 

THOMAS  M.  JOSEPH. 


Henry  B.  Andrews, 

0.  L. ‘Beider, 

A.  Baldiiiger, 

G.  W.  Beisiier, 

1.  Dyer, 

V.  Favrow, 

G.  W.  Grover, 

Junker, 


ALDERMEN. 

F.  M.  Kauder, 

George  C.  Bains, 

Cristoplier  Fox, 

S.  B.  Hiirlbut, 

Theodore  Kleinecke, 

0.  A.  Kaudman, 

B.  Tiernan, 

E.  L.  Udbrd. 

John  H.  Westerlage,  Marshal;  David  Wakelee,  Treas- 
urer ; E.  H.  Howard,  Assessor  and  Collector ; Aaron  Burns, 
Harbor  Master ; Paul  Hellerich,  Surveyor;  J.  J.  Jenney, 
Weigher  and  Guager;  F Gillett,  Searcher  of  Vessels  ; M. 
Cahill,  Sexton  ; Frank  Hitchcock,  Lewis  Parker,  W.  H. 
Prowse,  Port  Wardens;  J.  Wo  Moore,  Secretary. 

1864. 

MAYOR. 

C.  H.  LEONAED. 

ALDERMEN. 

]ST.  Lidstone, 

F.  E.  Kander, 

H.  Eeybaud, 

C.  L.  Behler, 

J.  Shackleford, 

J.  P.  Eash. 

James  P.  Cole,  Eecorder;  David  Wakelee,  Treasurer  ; 
Sidney  Sciidder,  Assessor  and  Collector ; J.  W.  Moore,  Sec- 
retary ; John  H.  Westeiiage,  Marshal;  ISfathan  Smith,  Su- 
perintendent of  Streets ; M.  Cahill,  Sexton. 

1865. 

MAYOR. 

CHAELES  H.  LEOFTAED. 


Oscar  Parish, 

H.  C.  L.  Aschoff, 

B.  Tiernan, 

J.  Cronican, 

C.  Jordan, 

E.  H.  Sieling; 


E.  Niebour, 

B.  Tiernan, 

E.  H.  Sieling, 

I.  F.  W.  Ahrens, 
James  P.  Nash, 


ALDERMEN. 

J.  Cronican, 

C.  Jordan, 

J.  Shackleford, 
F.  N.  Kander, 
John  Bnllacher. 


Sidney  Scudder,  Assessor  and  Collector;  David  Wake- 
lee, Treasurer;  John  H.  Westerlage,  Marshal  ; J.  S.  Beers, 
Clerk  ; M.  Cahill,  Sexton  ; W^illiam  H.  Prowse,  Searcher  of 
Vessels;  Andrew  Verberne,  Bell  Einger. 


X 


CATALOGUE. 


1866. 

MAYOR. 

CHAELES  H.  LEONARD. 


I.  F.  W.  Alireiis, 
John  Builacberj 
C.  Jordan, 

E.  Nieboiir, 

H.  Eeybaud, 

B.  Tier  nan, 


ALDERMEN. 

J.  Cronican, 
Oscar  Earisli, 
John  Shoenholtz. 
E D.  Johnson, 
E.  L.  Dfford, 

P.  H.  Carville. 


John  H.  West erlage.  Marshal ; Sidney  Scudder,  Asses- 
sor and  Collector ; David  Wakelee,  Treasurer  ; Aaron  Burns, 
Harbor  Master  ; James  O.  Sewell,  Secretary  ; Yv".  Browse, 
Lewis  Parker,  J.  Foster,  Port  Wardens  ; M.  Cahill,  Sexton ; 
Dr.  Dowell,  Hospital  Physician  * H.  Stuart,  City  Printer 
J.  S.  Jones,  Eecorder;  E.  H.  Howard,  City  Attorney. 


1867. 


MAYOR. 

J.  C.  HAYILAND. 


John  Bullacher, 
Oscar  Parish, 

C.  Jordan, 

H.  Eeybaud, 

B.  Tier  nan. 


ALDERMEN. 

E.  D.  Johnson, 

E.  L.  Ufford, 

P.  Koehler, 

N.  B.  Yard, 

P.  H.  Hennessey, 
P.  H.  Carville. 


Sidney  Scudder,  Assessor  and  Collector;  James  G.  Sew- 
ell, City  Clerk  ; John  H.  Westerlage,  Marshal  ; M.  Hussy, 
Street  Commissioner  ; Aaron  Burns,  Harbor  Master;  M.  F. 
Mott,  City  Attorney  ; M.  Cahill,  Sexton ; H.  Munn,  W. 
Prowse,  D.  McClusky,  Port  Wardens  ; Tipton  Walker,  City 
Surveyor;  John  McDonald,  Lumber  inspector;  Charles  A. 
Buchner,  Guager  and  Weigher;  H.  Stuart,  City  Printer. 


Note — Mayor  J.  C.  Haviland,  was  removed  Trom  office  by  order  of 
Major  General  Griffin,  June  17th,  1867,  and  I.  G.  Williams,  appointed  to 
fill  the  vacancy. 


N.  B.  Yard, 
Oscar  Parish, 
P.  H.  Moser, 


March,  1868. 

MAYOR. 

I.  G.  WILLIAMS. 

ALDERMEN. 

P.  H.  Hennessey, 
John  Bullacher, 
P.  H.  Carville^ 


CATALOGUE. 


XI 


H.  Keybaud,  C.  Jordan, 

B.  Tiernan,  P.  Koehler. 

E.  L.  Ufford. 

James  G.  Sewell,  Secretary. 

Note. — The  election  of  officers  for  1868,  was  prohibited  by  Mili- 
tary Orders,  and  vacancies  caused  V).y  removal  or  otherwise  were  filled 
by  Military  appointment. 

May  11th,  1869. 

MAYOR. 

elAMES  A.  McKEE. 


ALDERMEN. 


F.  C.  Mosebach, 

A.  Somerville, 
Isaac  Moses, 
Edward  T.  Austin, 


J.  W,  Allen, 

Selim  Pinker, 
Julius  Frederich, 
Theodore  Wagner, 
B.  Eush  Pluinley. 


E.  Y.  Bolling,  City  Clerk:  1.  E.  Cowan,  Assessor  and 
Collector  ; Thomas  Cromer,  Marshal;  G.  W.  Grover,  Treas- 
urer ; E.  T.  Bildefbeck,  Weigher  and  Guager;  John  H. 
Gallagher,  Harbor  Master;  John  G.  Falon,  Surveyor  of 
Lumber  and  Shingles. 


March  7th,  1870. 
MAYOR. 


JAMES  A.  McKEE. 
ALDERMEN. 


Edward  T.  Austin, 

Jesse  Stan  cel, 

Julius  Frederich, 

F.  0.  Moseba(ik, 

Selim  E inker, 

N.  Patten, 

E.  Y.  Bolling,  City  Clerk. 


J.  C.  Ogle, 

Sanford  Mason, 

B.  Eush  Pluinley, 
D.  M.  Baker, 
Theodore  Wagner, 
Isaac  Moses. 


Julius  Frederich, 
F.  0.  Moseback, 
W.  E.  Parker, 

J.  C.  Ogle, 
Johnson  Eeed, 
Sanford  Mason, 


March  6th,  1871. 

MAYOR. 

JAMES  A.  McKEE. 
ALDERMEN. 

D.  M.  Baker, 

J.  E.  T.  Haynes, 
B.  Ballinger, 
Hamilton  Stuart, 
Jesse  Stance], 

K.  Patten. 


T.  H,  L.  Payne,  City  Clerk. 


xii 


CATALOaUE. 


juDe  5tb,  1871. 

MAYOR. 

ALBEET  SOMERVILLE. 


James  M.  Brown, 
Thomas  Baker, 

E.  Colweil, 

Julius  Frederich, 

M.  Kopperl, 

Wm.  E.  Parker, 

C.  C.  Alien,  CityC; 


ALDERMEN. 

Henry  Eosenberg, 
Hamilton  Stuart, 
John  Seal}’, 

J.  P.  Cole, 

Xathan  Patten, 
Johnson  Eeecl, 


1872. 


MAYOR. 

ALBEET  SOMEEVILLE. 


Thomas  Baker, 

J.  M.  Brown,  ' 

J P.  Cole, 
Eobert  Colwell, 
Julius  Frederich, 


ALDERMEN. 

M.  Ko})perl, 

M.  V.  McMahan, 

N.  Patten, 
Johnson  Eeed, 
John  Scaly, 

Hamilton  Stuart. . 


J.  C.  Ogle,  Superintendent  of  Streets;  C.  C.  Alien,  City 
Clerk;  Jno.  S.  Ehea,  Eecorder;  Luke  A.  Falvel,  Harbor 
Master;  A.  Hoxie,  City  Engineer  ; C.  B.  Sabin,  Attorney; 
D.  Wakelee,  Treasurer;  Charles  H.  Leonard.  Collector  ; J. 
P.  Harrison,  Assessor;  Dr.  Geo.  W.  Peete,  Health  PliysL 
cian;  Dr.  C.  Campbell,  Hospital  Physician;  U.  G.  Baker, 
Immigration  Agent;  J.  Hannay  and  E.  G.  Crozier,  Health 
Inspectors  ; A.  W.  Kempton,  Chief  of  Police  ; E.  McCor- 
mick, Deputy  Chief  of  Police  ; John  H.  Westeriage,  Chief 
Engineer  Fire  Department. 


OF  THE 


CITY  OF  GALVESTON, 


CHAPTER  I. 

ALDERMEN. 

Article  1.  [LJ  Any  Alderman  taking  Ms  residence  Approved 
in  other  than  the  W ard  in  which  he  was  elected,  shall  thereby  xvill 

vacate  his  seat  as  such  Alderman,  and  the  Board  of  Alder- 
men  shall  immediately  thereafter,  or  at  its  next  regular  charter, 
meeting,  order  an  election  to  fill  such  vacancy. 

Art.  2.  [I.]  There  shall  be  appointed  by  the  Mayor,  a Approved 
committee,  to  be  known  and  designated  as  Committee  on  April  5,1865. 
Elections  and  Qualifications,  and  shall  be  composed  of  one 
Alderman  from  each  Ward  of  said  city. 

Art.  3.  [II.  j It  shall  be  the  duty  of  said  committee, 
strictly  and  impartially  to  examine  the  qualifications  of  each 
and  every  person  who  may  be  elected  Alderman  to  repre- 
sent either  of  said  Wards  in  the  City  Council,  and  also  to 
examine  into  the  qualifications  of  any  person  who  may  be 
elected  Mayor  of  said  city. 

Art.  4.  [III.]  No  person  who  may  be  elected  Alderman 
as  aforesaid,  shall  be  entitled  to  a seat  in  said  Council,  un- 
less his  qualifications  accord  with  the  requirements  of  Art. 

IX,  Title  II,  of  the  Charter  of  the  City  of  Gralveston,  nor 
shall  any  person  elected  Mayor  or  Recorder,  be  entitled  to 
his  seat  unless  possessed  of  the  like  qualifications. 


5 


CHAPTER  II. 

ANIMALS. 

Passed  July  Akticle  5.  [I.]  From  and  after  the  passage  of  this 
4,  1870.  Ordinance,  it  shall  not  be  lawful  for  horses,  mules,  cattle, 
hogs,  goats,  dogs,  or  other  animals  to  run  at  large  within 
the  city  of  (xalveston. 

See  Sec.  32  Art.  6.  [II  ] The  Chief  of  Police  shall  kill,  or  cause 
iiw  ofTh  to  be  killed,  all  dogs  found  running  at  large  in  the  Streets, 
Charter.^  Markets,  and  public  grounds  of  the  city  of  Galveston. 

Art.  7.  [III.]  It  shall  be  the  duty  of  the  Chief  of 
Police  to  provide  public  pounds  or  sheds,  conveniently 
situated  in  the  city,  and  to  gather  up,  or  cause  to  be  gath- 
ered up,  all  horses,  mules,  cattle,  goats,  hogs,  sheep,  or 
other  animals  running  at  large  in  the  city  limits,  after  the 
passage  of  this  Ordinance,  and  shall  impound  them  in  one 
of  the  public  pounds  for  at  least  three  days,  and  shall  sell 
the  same  at  public  auction  for  cash,  at  such  time  and  x)lace 
as  he  may  designate,  giving  two  full  days  of  public  notice 
of  said  sale,  by  notices  posted  at  the  Market-house  and  two 
other  public  places  in  the  city;  Provided,  however,  that 
the  owner  or  owners  of  said  animals  so  impounded,  may 
redeem  the  said  animals  at  any  time  before  the  sale,  by 
paying  all  the  expenses  incurred  in  catching,  imx)ounding 
and  keeping  said  animals,  and  in  addition  thereto,  pay  for 
any  such  goat  or  sheep,  four  dollars,  and  every  such  hog, 
eight  dollars,  and  every  such  horse,  mule,  or  cattle,  ten 
dollars. 

Art.  8.  [IV.]  All  the  money  received  by  virtue  of  the 
provisions  of  this  Ordinance,  shall  be  appropriated  : First, 
to  the  payment  of  all  expenses  incurred  in  catching, 
impounding,  keeping,  and  selling  said  animals ; Second,  to 
pay  any  and  all  extra  expenses  incurred  in  carrying  into 
effect  section  two  (2)  of  this  Ordinance  ; Third,  If  there  be 
any  balance  remaining  after  paying  said  expenses,  the  same 
shall  be  turned  over  to  the  City  Treasurer  as fund. 

Art.  9.  [V.  | The  owner  or  owners  of  horses,  cattle,  or 
mules,  sold  under  the  provisions  of  this  Ordinance,  may 
redeem  the  same  at  any  time  within  two  days  from  the 
date  of  said  sale,  by  paying  the  purchaser  thereof  double 
the  amount  of  the  purchase  money,  and  all  reasonable 
expenses  that  the  purchasers  may  have  incurred  in  keeping 
the  same. 

Art.  10.  I VI.]  If  at  the  time  of  the  sale  no  purchaser 
shall  be  found  for  any  of  the  animals  impounded,  under  the 
provisions  of  this  Ordinance,  then  the  Chief  of  Police  shall 
kill,  or  cause  to  be  killed,  all  such  animals,  and  deposit 
their  carcasses  in  the  places  designated  for  such  matter. 

Art.  11.  [VII.  1 The  provisions  of  this  Ordinance  shall 


3 


not  apply  to  such  dogs  as  habitually  accompany  their 
masters,  as  a house  companion  or  pet;  Provided,  the  owner 
or  owners  of  such  dog  or  dogs,  shall  pay  a license  tax  of 
$5,  and  obtain  a license  for  each  and  every  such  dog; 

Provided  further,  that  such  dogs  shall  always  bear  a collar 
about  their  necks,  containing  the  number  of  their  license, 
and  the  name  of  their  owner,  in  legible  and  distinct  charac- 
ters. 

Art.  12.  [Vlll.]  Persons  obtaining  licenses  for  dogs, 
under  the  provisions  of  this  Ordinance,  shall  be  credited 
for  any  balance  due  them  for  the  unexpired  time  on  any  dog 
license  heretofore  obtained  by  virtue  of  any  previous  exist- 
ing Ordinance. 

Art.  13.  [IX.]  Provided  that  this  Ordinance  shall  be 
restricted  in  its  application  to  cattle  and  horses,  to  the 
following  limits,  viz:  Eighth  Street  East,  Thirty-third 
Street  West,  the  Bay  on  the  Xorth,  and  Avenue  M on  the 
South,  with  the  same  i)rovisions  as  found  in  the  Ordinance 
of  July  19th,  1869;  Provided,  further,  that  this  Ordinance  Amendment 
shall  not  apply  to  milch  cows  that  are  kept  solely  and  of  August  8th 
exclusively  for  family  use.  1^^^- 

Art.  14.  [I.j  Owners  of  horses  and  milch  cows,  shall  Passed  July 
be  allowed  to  drive  such  animals  in  the  morning  before  19, 1869. 
eight  o^clock,  and  in  the  evening  after  five  o’clock,  through 
the  streets,  and  in  charge  of  competent  iiersons,  and  they 
shall  be  responsible  for  any  damage  which  may  be  done  by 
such  animals.  They  may  also  &ep  said  animals  in  an 
enclosure  during  the  night  time. 

Art.  15.  [I.j  All  persons  are  prohibited  from  keeping?  Approved 
raivsing,  feeding,  or  allowing  to  run  at  large  any  swine  or  June  27, 1871, 
goat,  within  any  house,  pen,  lot,  yard,  or  other  gi'ORRd, 
within  the  following  limits  of  this  city,  viz  : From  12th  to  1871. 
25th  streets,  from  the  Bay  to  the  Gulf,  and  from  25th  to  Pphibiting 
36th  street,  from  the  Bay  to  Avenue  M;  Provided,  goats  in  cer- 
are  allowed  to  be  kept  within  the  enclosures  of  the  owners,  u^uits. 

but  in  a cleanly  and  inoftensive  way  to  the  neighbors  and 
citizens,  but  goats  are  not  allowed  to  run  at  large. 

Art.  16^  [II.]  Every  person  being  the  owner  of  such  Approved 
swine  or  goats,  or  owner  or  occupant  of  the  premises,  June 27, 1871. 
violating  this  Ordinance,  shall  be  fined  not  less  than  ten  punishment, 
dollars,  for  each  and  every  such  offense,  and  for  every  day 
so  offending. 

Art.  17.  [I.]  Any  person  who  shall  unmercifully  beat.  Approved 
or  ill-treat,  any  dray-horse  or  mule,  or  other  animal  used  as  Oct.  10, 1871. 
a draught?  animal,  in  the  City  of  Galveston,  shall  be  deemed 
guilty  of  abuse  of  animals,  and  on  conviction  thereof,  shall  Abuse  of  pro- 
be punished  by  a fine  of  not  less  than  ten  (10)  dollars,  nor  hibited. 
more  than  one  hundred  dollars,  or  by  imprisonment  not 


4 


See  Sec.  30,  exceeding  three  months,  at  the  discretion  of  the  Court  or 
Art.  3,  Title  Jury ; and  if  the  punishment  imposed  under  this  Ordinance 
IV  of  Charter  a fine,  the  convict  shall  be  required,  in  case  said  fine  be 
not  paid,  to  work  out  the  same  on  the  streets  of  the  city, 
under  the  supervision  of  the  Superintendent  of  Streets,  for 
such  number  of  days  as  will  pay  said  fine  at  two  dollars 
per  day. 

See  Sec.  52  Aut.  18.  fl.]  The  driving  of  beeves  or  other  cattle  in 
droves  within  the  city  limits,  or  through  the  streets  of  the 
Charted  ^city,  is  hereby  prohibited;  Provided,  that  calves  and  year- 
lings intended  for  shipment  may  be  driven  in  day  time 
into  said  city,  and  on  Broadway  down  to  19th  street,  and 
thence  on  19th  street  to  the  Brick  Wharf  for  shipment,  and 
beeves  and  other  cattle  may  be  driven  in  droves  on  to 
Strand  street,  west  of  Thirty-second  street,  and  thence 
down  Strand  street  to  the  Brick  Wharf  for  shipment,  at 
any  time  after  eleven  o’clock  P.  M.,  and  before  one 
hour  before  daylight ; Provided,  that  said  droves  of  calves, 
3^earlings  and  beeves,  shall  be  driven  with  as  little  noise 
and  disturbance  as  i)ossible,  and  they  shall  be  well  guarded 
by  a sufficient  number  of  men,  and  the  owners  thereof  shall 
be  responsible  for  all  damage  that  may  be  done  by  said 
droves  or  the  drivers  thereof,  while  said  droves  are  being 
driven  through  said  streets.  Provided,  further,  that  this 
section  shall  not  apply  to  milch  cows. 

Art.  19  [II.]  Any  person  or  persons  who  shall  drive  or 
cause  to  be  driven  any  beeves,  calves,  yearUngs,  or  other 
cattle,  contrai^^  to  the  provisions  of  the  first  section  of  this 
Ordinance,  shall,  upon  conviction  thereof,  be  fined  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars,  for 
each  and  every  offense. 


5 


CHAPTEE  III. 

DUTIES  OP  THE  ASSESSOR  AND  OF  THE  COLLECTOR  OF  TAXES. 

Article  20.  [I.J  There  shall  be  levied  an  annual  Tax  Approved 
upon  all  real  estate,  and  improvements  thereon,  in  the  City  of  April  so,  i866 
Galveston ; upon  all  personal  property  held  or  owned  in  the 
City  of  Galveston.  The  Board  of  Aldermen  shall,  on  or 
before  the  first  day  of  April,  in  each  and  every  year,  fix  and  gee  Title  v 
determine  the  rate  per  centum  of  general  and  special  Taxes  of  the  Charter 
that  shall  be  levied  and  collected  in  each  year,  and  the  same 
shall  be  levied  and  collected  as  is  hereinafter  provided. 

Art.  21.  [II.J  From  and  after  the  passage  of  this  Ordi-  gee  Title  vt 
nance,  the  Assessor,  and  the  Collector,  of  said  city,  shall,  of  the  Charter 
before  entering  upon  the  duties  of  their  respective  offices, 
and  within  twenty  days  after  their  respective  appointments  Title®  m'  of 
to  said  offices,  take  and  subscribe  to  an  oath,  before  the  the  Charter. 
Mayor  or  other  competent  officer,  to  faithfully  perform,  exe- 
cute, and  discharge  all  the  duties  incumbent  on  them  respec- 
tively as  such  Assessor  and  Collector,  as  the  same  now  are, 
or  may  hereafter  be  prescribed  by  law.  And  said  Collector, 
shall  also  enter  into  bond  in  the  sum  of  twenty-five  thou- 
sand ($25,000)  dollars,  with  not  less  than  two  good  securi-Tuff'^n^^f 
ties,  payable  to  the  Mayor,  Aldermen  and  inhabitants  of  the  Charter 
the  City  of  Galveston ; to  be  approved  by  the  Board  of 
Aldermen,  conditioned,  to  be  void  upon  the  faithful  discharge 
of  the  duties  of  his  office,  which  then  are,  or  may  hereafter 
be  required  of  him  by  any  Ordinance  or  Eesolution  of  the 
Council. 

Art.  22.  [III.]  After  the  amount  of  general  and  special 
Taxes,  to  be  levied  for  the  then  current  year,  shall  have 
been  fixed  by  the  Board  of  Aldermen,  and  the  Assessor  shall 
have  given  ten  days,  notice  in  the  newspaper  employed  to 
do  the  City  Printing,  published  in  said  city,  every  person, 
partnership  and  corporation,  owning  property  within  the  SeeArt.lii 
limits  of  said  city,  shall,  within  two  months  after  said  pub- 
hshed  notice,  return  to  said  Assessor,  a list  under  oath,  of 
all  real  and  personal  property  within  the  limits  of  said  city, 
held  by  such  person  in  his  own  right  or  in  the  right  of  his 
wife,  or,  as  trustee,  parent,  guardian,  executor,  administra- 
tor, agent,  attorney,  or  other  representative  character,  on 
the  first  day  of  March  of  the  then  current  year,  upon  which 
return,  so  made,  the  Assessor  shall  proceed  to  assess  the 
value  thereof,  valuing  each  lot  or  tract  of  land  separately, 
and  each  species  of  personal  property  separately,  and  shall 
enter  the  same  upon  the  Assessment  EoU.  The  Assessment 
EoU  shall  contain,  in  separate  columns,  the  names  of  the 
persons  Taxed  in  alphabetical  order,  the  amount  and  dis- 
cription  of  the  property  Taxed,  both  real  and  personal,  the 


6 


assessed  value  thereof,  aud  the  amount  of  Taxes  due  there- 
on, sijecifying  and  distinguishing  the  Bridge  Tax,  and  all 
other  special  Taxes  and  charges  from  that  of  the  General 
Fund  Tax,  and  extending  the  aggregate  in  a total  sum  in  a 
separate  column.  From  the  time  of  the  published  notice 
aforesaid,  until  the  expiration  of  the  two  months  thereafter, 
the  said  Assessment  Koll  shall  be  open  for  the  examination  of 
all  persons  interested,  and  if  any  person  desires  to  complain 
of  any  improper  Taxation,  or  any  over-charge,  or  over-val- 
uation, he  shall  tile  his  complaint  with  the  Board  of  Ap- 
l^raisement,  specifying  in  what  particular  he  considers  him- 
Art.  IV  Ti-  aggrieved.  And  said  Board  shall  thereupon  hear  and 
tie  vi,  of ^ the  determine  the  complaint,  and  if  any  correction  be  neces- 
Charter.  sary,  order  and  direct  the  Assessor  to  make  the  same.  It 
shall  be  the  duty  of  the  Assessor,  after  the  expiration  of  the 
two  months  immediately  succeeding  the  publication  of  notice 
required  by  this  section  of  this  Ordinance,  to  diligently 
seek  out  and  make  a List  of  all  property  liable  to  Taxation 
within  the  city  limits,  which  ha>s  not  been  returned  by  the 
owner  or  other  representative ; and  it  shall  be  his  duty  to 
list  and  enter  the  same  on  a Supplemental  Assessment  Boll, 
in  the  name  of  the  owner,  if  known,  and  if  not  known,  then 
as  ‘^owner  unknown,’’  and  he  shall  present  said  list  to  the 
Board  of  Appraisement  for  valuation.  And  when  the  valu- 
ation is  made,  he  shall  assess  the  amount  of  Taxes  due 
thereon,  as  in  other  cases.  If  any  Taxable  property  shall, 
or  may  have  been  omitted  in  the  assessment  of  any  year, 
from  and  after  the  passage  of  this  Ordinance,  the  same 
when  discovered,  shall  be  presented  by  the  Assessor  to  the 
Board  of  Appraisment  for  valuation.  And  when  valued, 
the  Assessor  shall  enter  the  same  on  the  Supplementa 
Assessment  Boll,  and  shall  assess  the  arrearages  of  Taxes 
which  might  have  been  assessed  thereon,  with  twelve  per 
cent,  interest  from  the  time  said  Tax  became  due  and  pay- 
able. Said  supplemental  roll  shall  be  completed  within  two 
months  after  the  expiration  of  the  two  months  allowed  for 
voluntary  rendition  of  property  by  this  section  of  this  Or- 
dinance. 

Art.  23.  [IV.]  The  Assessment  Bolls  being  completed,  it 
See  Art.  XII  shall  be  the  duty  of  the  Assessor  to  make  out  two  full  and 
Title  III,  of  complete  copies  thereof,  before  the  hrst  day  of  September 
the  Charter.  Qf  each  year  ; one  copy  of  which  he  shall  deliver  to  the  City 
Clerk,  and  one  copy  he  shall  deliver  to  the  City  Collector, 
and  if  the  Assessor  shall  fail  or  refuse  to  complete  his  assess- 
ments, as  provided  in  Section  3,  or  shall  fail  to  deposit  a 
See  Art.  XV  each,  with  the  City  Clerk  and  the  City  Collector,  as  re- 
TicieX,ofthe  quired,  he  shall  forfeit  and  pay  a fine  not  exceeding  one 
Charter.  hundred  dollars,  to  be  deducted  from  his  commissions.  And 


7 


if  lie  shall  make  out,  or  return  an  unfair  or  false  Assessment 
Eoll,  he  shall  forfeit  all  claim  to  commissions  or  other  com- 
pensation, and  shall  he  subject  to  be  removed  from  office. 

Art.  24.  [VI. J Any  person  or  persons  refusing  or  failing  See  Art  III 
to  render  the  Assessor  a full  and  complete  list  of  all  Charto 

ble  property,  either  owned  by  them,  or  controlled  by  them 
in  any  representative  character  whatsoever,  shall  be  liable 
to  a fine  of  not  less  than  five,  nor  more  than  one  hundred 
dollars  and  costs  ; and  it  is  hereby  made  the  duty  of  the 
Assessor  to  promptly  enter  complaint  against  any  and  all 
such  persons,  before  the  Mayor,  Eecorder,  or  other  officer 
of  competent  jurisdiction,  and  to  attend  as  a witness  to  prove 
such  failure  or  refusal. 

Art.  25.  [YIII.]  Immediately  upon  leceipt  of  the  As- 
sessment roll,  the  Collector  shall  proceed  to  give  noticeaud 
demand  payment  of  the  Taxes  due,  in  conformity  with 
ArtiWe  YIII  of  Title  YI  of  the  Ch  arter,  and  shall  publish  for 
ten  days,  in  a newspaper  published  in  said  city,  notice  to 
all  persons  owing  Taxes  to  pay  their  Taxes  at  the  Col- 
lector's office  within  ten  days  after  said  notice ; and  all 
Taxes  referred  to  in  this  Ordinance  shall  be  due  and  paya- 
ble within  ten  days  after  service  of  the  notice  and  demand 
required  by  Article  YIII  of  Title  YI  of  the  Charter,  and 
where  special  notice  and  demand  is  not  required  by  said 
article,  within  ten  days  after  said  published  notice. 

Art.  26.  [IX.]  Where  the  Taxes  are  not  paid  within 
the  time  specified,  the  Collector  shall  levy  upon  and  take 
into  his  possession  so  much  of  the  personal  property  be- 
longing to  the  person  owing  said  Tax,  liable  to  taxation,  as 
will  be  sufficient  to  pay  his,  her  or  their  Taxes  and  costs, 
and  shall  give  ten  days  notice  of  the  time  and  place  of  sale, 
by  publication  in  a newspaper  published  in  said  city,  and 
in  the  manner  provided  in  Article  IX  of  Title  YI  of  the  City 
Charter,  and  shall  make  sale  of  said  property,  or  so  much 
thereof  as  may  be  neccessary  to  pay  said  Taxes  and  costs, 
as  required  by  said  article.  Said  sales  shall  be  made  on  or 
before  the  first  day  of  January  of  each  year.  The  property 
owner  may  prevent  said  sale  by  payment  of  the  Taxes  and 
all  costs  resulting  from  the  levy  and  advertisement  prior  to 
the  day  of  sale. 

Art.  27.  [X.J  If  payment  be  not  made  by  the  person 
or  persons  purchasing  property  at  said  sale  within  twenty- 
four  hours  after  said  sale,  the  bidder  shall  be  considered  as 
having  forfeited  his  bid,  and  the  Collector  shall  re-sell  said 
property,  after  having  given  the  same  notice  as  in  the  first 
sale ; and  when  any  person  shall  forfeit  his  bid,  the  Col- 


8 


lector  shall  enter  complaint  against  him  before  the  Eecorder, 
and  such  person,  on  conviction,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Art.  28.  [XI.]  When  the  purchaser  at  said  sale  shall 
have  paid  the  amount  bid  by  him,  the  Collector  shall  de- 
liver the  property  so  sold  to  him,  and  shall  execute  and  de- 
liver to  said  purchaser  a certificate  of  purchase,  and  shall 
appropriate  the  proceeds  of  said  proi)erty  to  payment  of 
the  Taxes  for  which  the  same  was  sold,  and  all  costs  in- 
curred in  making  said  sale  ; and  if  there  be  a residue  after 
payment  of  said  Taxes  and  costs,  the  same  shall  be  paid 
over  to  the  person  whose  property  was  sold. 

Art.  29.  [XII.]  The  Collector  shall,  before  the  first 
day  of  February  of  each  year,  prepare  and  deliver  to  the 
City  Clerk  a roll  of  the  unpaid  Taxes  due  the  city,  and 
when  no  personal  property  could  be  found  by  him  subject 
to  levy  and  sale,  the  fact  shall  be  so  reported;  and  the 
City  Council  shall,  at  the  next  meeting  thereafter,  direct 
the  institution  of  suits  for  collection  of  said  Taxes,  by  sale 
of  the  real  estate  on  which  the  Taxes  are  due,  as  provided 
in  Article  XIV  of  Title  VI  of  the  City  Charter. 

Art.  30.  [XV.]  The  following  real  and  personal  estate 
shall  be  exempt  from  taxation : 

Eeal  and  personal  property  of  the  United  States. 

State  and  County  lands,  and  buildings  set  apart  for 
State  and  County  purposes. 

All  Eeal  estate  exempt  by  the  laws  of  the  State. 

Public  burial  grounds  and  lots. 

Buildings  erected  for  the  use  of  religious,  benevolent, 
charitable  or  scientific  institutions,  and  the  land  whereon 
situated,  not  exeeding  the  lots  or  blocks  of  ground  occu- 
pied for  such  purpose. 

Art.  31.  [XVI.]  In  addition  to  the  reports  required 
by  Section  one.  Article  XII,  of  Title  3rd  of  the  Charter, 
the  Collector  shall,  at  the  close  of  each  municipal  year,  make 
a final  report  of  all  monies  collected  by  him,  during  the 
municipal  year  specifying  therein,  the  amount  collected 
from  each  class  of  taxable  property. 


9 


CHAPTEE  IV. 

B AR-RO  OMS. 

Article  32.  [I.]  It  shall  not  be  lawful  for  any  owner,  a 
proprietor  or  agent  of  any  establishment  within  the  city  of  ’ 

Galveston,  by  whatsoever  name  the  same  may  be  called  or 
known,  wherein  vinous,  spirituous,  malt,  or  other  intoxi-  ^ ^ 

eating  liquors  are  kept  for  sale  by  quantities  less  than  one  jy.  ^ 
quart,  to  keep  such  establishment  open  to  a later  hour  than 
twelve  o’clock  at  night,  nor  to  open  the  same  at  an  earlier 
hour  than  four  o’clock  in  the  morning ; nor  shall  it  be  law- 
ful to  sell  or  otherwise  dispose  of  any  vinous,  spirituous, 
malt,  or  other  intoxicating  liquors,  in  any  such  establish- 
ment, to  any  person  or  persons,  under  any  pretext  whatever, 
between  the  hours  above  specified,  during  which  said  estab- 
lishment shall  be  kept  closed.  And  any  person  or  persons 
found  violating  any  or  either  of  the  provisions  of  this  Ordi- 
nance shall  be  fined  in  a sum  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars,  for  each  contravention 
thereof,  and  shall  also  be  liable  to  a further  penalty  of  not 
exceeding  fifteen  days’  imprisonment, — said  fine  to  be  re- 
covered before  the  Mayor  or  Eecorder  of  said  city. 


GHAPTEE  V. 

BATHINa  LIMITS. 

Article  33.  \L]  It  shall  not  be  lawful  for  any  person  Approved 
to  divest  himself  or  herself  of  his  or  her  clothing,  or  expose  1®^'^- 

his  or  her  naked  person  on  any  of  the  wharves  or  docks,  at  See^Sec.  40, 
any  time  between  the  hours  ot  sunrise  in  the  morning  and  Qp 
sunset  in  the  evening,  for  the  purpose,  or  on  the  pretence  ^ 
of  bathing ; and  any  person  offending  against  the  provisions 
of  this  section  shall  be  subject  to  a fine  of  not  exceeding 
twenty  dollars  for  each  and  every  offense. 

Art.  34.  [L]  It  shall  not  be  lawful  for  any  person,  male  Approved 
or  female,  to  bathe  in  the  waters  of  the  Gulf  in  the  edge  of 
the  beach,  in  a nude  state,  between  Eighteenth  street  on  the  Amendment 
east,  and  Twenty-eighth  street  on  the  west,  during  daylight,  jime  1869 
or  between  4 o’clock  A.  m.  and  10  o’clock  p.  M.  and 

Art.  35.  [IL]  Any  person  violating  the  provisions  of 
this  ordinance  shall,  on  conviction  thereof  before  the  Ee- 
corder, be  fined  in  the  sum  not  exceeding  ten  dollars,  and 
pay  the  cost  of  his  arrest. 


10 


CHAPTEE  VI. 

BONDS  AND  DEBTS  OF  THE  CITY. 

^^Passed  May  ARTICLE  36.  [I.J  The  Mayor  of  the  City  of  Gal vesto  11  be, 

24, 1869.  hereby  authorized  to  have  engraved  Coupon  Bonds 

See  Art.  XI  of  the  City  of  Galveston,  with  semi  annual  coupons  attached, 
due  On  the  1st  of  July  and  the  1st  of  January  of  each 
e aai  ei.  from  date,  at  the  rate  of  ten  per  cent.  x>cr  annum. 

Art.  37.  [II.]  The  said  Bonds  shall  be  drawn  to  mature, 
in  five,  six,  seven,  eight,  nine  and  ten  years  from  date  ; not 
over  $30,000  in  one  year,  and  shall  be  payable  to  the  bearer, 
at  the  office  of  the  Treasurer  of  the  City  of  Galveston,  and 
in  sums  of  one  hundred  dollars,  or  any  multiple  thereof,  not 
to  exceed  one  thousand  dollars  each. 

Art.  38.  [III.]  The  amount  of  Bonds  authorized  by 
this  Ordinance  is  one  hundred  and  seventy-five  thousand 
dollars. 

Art.  39.  [IV.]  The  Mayor  shall  advertise  said  Bonds 
to  be  sold  in  open  market,  at  such  public  place  on  the  Strand, 
as  he  may  designate  in  his  advertisement  in  the  papers  of 
the  City  of  Galveston,  and  in  some  paper  having  a large 
circulation  in  the  City  of  Kew  Orleans,  New  York  and  Bos- 
ton, for  the  period  of  thirty  days  ; Bonds  to  bear  interest 
from  date  of  sale,  and  deliverable  thirty  days  thereafter. 

Art.  40.  [V.]  Any  holder  of  the  script  issued  by  the 
City  of  Galveston,  (recognized  as  genuine  by  the  City  Clerk,) 
or  any  General  Fund  Bond  of  the  City  of  Galveston,  now 
outstanding,  (except  bonds  issued  in  aid  of  the  rebellion,)  or 
of  any  genuine  note,  or  promise  to  pay  of  said  city,  or  certifi- 
cate of  indebtedness  heretofore  issued,  or  any  aiiproved 
claim  against  said  city  for  the  expenses  of  April,  May,  and 
June  1869,  may  jiurchase  said  Bonds  with  his  eyidence  of 
i^A  at  par,  and  may  at  any  time  during  the  current  year, 

by  filing  with  the  Mayor  evidence  of  debt  x>ast  due,  receive 
from  the  Mayor  Bonds  to  the  amount  deposited,  dollar  for 
dollar,  principal  and  interest,  in  sums  of  one  hundred  dol- 
lars, or  any  multiple  thereof.  And  the  Mayor  is  hereby 
authorized  to  issue  Bonds  to  applicants  in  accordance  with 
the  x>rovisions  of  this  Section.  And  when  the  original  con- 
tract bore  interest,  at  a greater  rate  than  eight  per  cent.,  the 
rate  of  interest  specified  in  the  contract  shall  be  allowed  on 
the  coupons  thereof,  past  due. 

Art.  41.  [VI.]  In  order  to  xirovide  for  the  x^nnctual 
Xiayment  of  the  semi-annual  interest  of  the  Bonds  x^rovided 
for  in  this  Ordinance,  and  to  secure  comxiliance  with  this 
contract,  that  there  shall  be  annually  ax)propriated,  and  there 
is  hereby  appropriated,  sixteen  per  cent,  of  the  collection 
of  Taxes  from  all  sources  of  revenue  pertaining  to  the 


11 


General  Fund,  which  per  centage,  shall,  by  the  Treasurer  of 
the  City  of  Galveston,  be  deducted  from  all  payments  made 
to  him  by  any  of  the  collecting  officers  of  the  city,  and  by 
him  placed  to  the  credit  of  the  Interest  Fund.  And  it  is 
hereby  declared  that  the  said  fund  shall  be,  and  is,  a special 
deposit,  not  subject  to  draft  nor  to  appropriation  to  any  other 
purpose  than  the  payment  of  the  semi-annual  interest  on  the 
Bonds,  herein  provided  for,  and  shall  be  disburseable  only 
ill  paymont  of  the  matured  coupons  of  these  Bonds  when 
])resented,  or  if  a surplus  should  accumulate,  to  the  redemp- 
tion or  purchase  of  these  Bonds  ; Provided,  that  no  appro- 
X^riation  to  redeem  Bonds,  shall  be  made,  unless  at  least  one 
yeaPs  interest  is  provided  in  advance. 

Art.  42.  [VII.J  The  Treasurer  of  the  City  of  Galves- 
ton shall  keep  a separate  account  of  all  monies  received, 
and  all  coupons  paid,  and  shall  cancel  all  coux>ons  paid  in 
the  jiresence  of  the  Mayor  of  the  city,  and  shall  file  in  the 
office  of  the  City  Clerk  a list  of  such  cou^ions,  with  dates, 
amounts,  and  numbers  clearly  shown,  twice  in  each  year. 

Art.  43.  [VIII.J  The  faith  of  the  City  of  Galveston, 
and  her  resources,  and  income  on  general  accounts,  is  here- 
by pledged  to  holders  of  Bonds  authorized  by  this  Ordi- 
nance, for  the  punctual  x>ayR^ont  of  the  interest  and  x^rinci- 
X)al  when  due,  in  par  funds  ; — lawful  money  of  the  IJnited 
States. 

Art.  44.  [IX.]  When  any  matured  coupons  of  the 
Bonds  is  x^resented  at  the  TreasurePs  Office,  he  shall  pay 
the  same  withot  delay . from  any  General  Funds  in  his  hands, 
not  apx^rox3riated,  should  the  Interest  Fund  be  exhausted. 

Art.  45.  [X.J  The  Bonds  when  issued  under  the  Ordi- 
nance providing  for  the  consolidation  of  the  cit^^  debt,  be 
signed  by  the  Mayor  and  counter-signed  by  the  City  Treas- 
urer, and  attested  by  the  Seal  of  the  City  of  Galveston. 

Art.  46.  [I.]  Be  it  ordained  by  the  Mayor  and  Alder-  Approved 
men  of  the  City  of  Galveston,  in  Council  convened,  That  May  12,  1868. 
the  Mayor  cause  to  be  executed  certificates  of  indebetness  of 
the  city  in  denominations  of  not  less  than  one  hundred  dol- 
lars, and  bearing  interest  at  the  rate  of  ten  per  cent,  x^er 
annum,  from  date  of  issue.  Said  certificates  to  have  the 
MayoPs  signature,  and  to  be  counter-signed  by  the  Secretary 
ami  Treasurer,  under  the  direction  and  sux3erAdsion  of  the 
Finance  Committee,  and  to  be  due  and  payable  in  two  or 
three  years,  as  may  be  provided. 

Art.  47.  [II.]  Said  certificates  may  be  given  for  all  out- 
standing orders  on  the  City  Treasurer,  at  the  oxition  of  the 
holder,  when  the  same  shall  be  presented,  in  sums  of  one 
hundred  dollars  or  more,  in  two  or  three  years  ; and  said 
orders  when  thus  retired,  shall  be  cancelled  and  destroyed. 


12 


Approved 
Dec.  i9,  1871 


Said  certificates  sliall  be  given  in  denominations  of  not  less; 
than  one  hnndred  dollars,  as  hereinbefore  provided,  to  suit 
the  holders  of  the  outstanding  Treasury  Drafts,  as  far  as 
practicable. 

Art.  48.  [I.J  That  the  Mayor  be,  and  is  hereby  author- 
ized to  have  printed,  or  engraved,  bonds  of  the  City  of  Gal- 
veston, with  coupons  attached,  which  shall  be  styled 
^^Special  Debt  Bonds  of  the  City  of  Galveston.” 

Art.  49.  [II.  | That  the  total  amount  of  bonds  issued 
by  and  under  the  authority  of  this  Ordinance  shall  not  ex- 
ceed the  sum  of  one  hundred  thousand  dollars,  and  the 
bonds  so  issued  shall  bear  date  January  1st,  1872,  shall  be 
due  and  payable  as  follows,  viz ; $33,000  eight  years  after 
date,  $33,000  nine  years  after  date,  and  $34,000  ten  years 
after  date;  and  the  same  shall  have  interest  bearing  coupons 
attached,  and  the  said  bonds  shall  draw  interest  at  the  rate 
of  ten  per  cent,  per  annum,  which  interest  shall  be  due  and 
X)ayable  by  the  City  Treasurer,  at  his  office,  on  the  first  days 
of  July  and  January,  of  each  year,  and  the  lorincipal  shall 
likewise  be  payable  at  the  office  of  the  City  Treasurer  on 
maturity. 

Art.  50.  [III.]  That  the  foregoing  authorized  bonds 

shall  be  payable  to or  bearer,  and  the  same  shall  be 

signed  by  the  Mayor,  counter-signed  by  the  City  Treasurer, 
and  recorded  in  the  office  of  the  City  Clerk,  in  a book  to  be 
kept  for  that  purpose,  and  there  shall  be  affixed  to  said 
bonds  the  corporate  seal  of  the  City  of  Galveston. 

ART.  51.  [IV.j  Be  it  further  ordained.  That  said  bonds 
may  be  issued  in  sums  of  $100  each,  or  any  multiple  there- 
of, not  exceeding  $5000  in  any  one  bond. 

Art.  52.  [V.]  That  in  order  to  provide  for  the  annual- 
ly accruing  interest  on  the  bonds  hereinbefore  provided  for, 
and  also  to  create  a sinking  fund  to  redeem  and  pay  said 
bonds  at  or  before  maturity,  there  is  hereby  appropriated 
four  per  cent,  annually  of  all  revenues  pertaining  to  the 
General  Fund  of  the  City  of  Galveston,  and  the  Treasurer 
is  hereby  ordered  to  credit  the  same  to  an  account  to  be 
styled  the  ^^Special  Debt  Bonds  of  the  City  of  Galveston,” 
and  he  shall  so  credit  the  percentage  herein  before  matured 
on  all  payments,  as  made  to  him  by  the  collecting  officers 
of  the  city  for  the  next  eight  municipal  years  succeeding  the 
first  day  of  January  A.  D.  187F;  Provided,  that  when  the 
four  per  cent,  so  accredited  has  amounted  to  the  sum  of 
$13,500,  no  further  percentage  shall  be  accredited  to  the 
special  fund  for  the  then  municipal  year ; and  further  Pro- 
vided, that  for  the  municipal  years  of  1880  and  1881,  there 
is  hereby  appropriated  fifteen  per  cent,  of  the  annual  reve- 
nues of  the  City  pertaining  to  the  General  Fund,  to  be  cred- 


13 


ited  by  the  Treasurer  to  the  special  fund  herein  created  and 
as  herein  before  provided,  until  the  percentage  so  set  apart, 
together  with  any  other  sums  that  may  remain  in  his  hands 
belonging  to  the  same  fund,  has  amounted  to  the  sum  of 
$40,000,  when  the  Treasurer  shall  cease  to  transfer  any 
further  amount  to  this  special  fund  for  the  then  municii3al 
year. 

Art.  53.  [VI.]  That  when  there  remain  in  the  hands  of 
the  Treasurer,  of  the  fund  created  by  the  foregoing  section, 
an  amount  not  less  than  $2500,  and  in  excess  of  the  next 
semi-annual  payment  of  interest,  it  shall  then  be  the  duty  of 
the  Mayor  to  advertise  proposals  to  redeem  the  bonds  au- 
thorized by  this  Ordinance  to  the  extent  of  the  same  so 
available;  and  should  the  bonds  not  be  otlered  on  terms  sat- 
isfactory for  redemption,  it  shall  then  be  the  duty  of  the 
Mayor,  when  the  amount  has  accumulated  to  the  sum  of  not 
less  than  $5000  over  and  above  sufficient  to  pay  the  next 
accruing  semi-annual  interest,  to  invest  the  same  in  United 
States  bonds,  which  bonds  shall  be  deposited  with  the 
Treasurer,  and  the  same  shall  not  be  used  or  applied,  ex- 
cept to  pay  the  interest  and  principal  of  the  debt  created  by 
this  Ordinance. 

Art.  54.  [YU.  | That  any  application  of  the  fund  cre- 
ated by  the  5th  Section  of  this  Ordinance,  other  than  that 
provided  for  in  the  6th  Section  hereof,  by  the  Mayor  and 
Board  of  Aldermen,  or  the  Treasurer,  shall  make  them  indi- 
vidually liable  to  all  the  penalties  contained  in  Section  4, 
Article  3,  Title  4,  of  the  City  Charter. 

Art.  55.  (YIII.]  That  the  Mayor  and  Board  of  Aider- 
men  shall,  by  resolntion,  provide  for  the  negotiation,  sale, 
or  placing  of  said  bonds  herein  authorized. 


CHAPTER  VII. 

BRIDGE  AND  BRIDGE  BONDS. 

Artk^le  56.  [I.]  The  Mayor  be  authorized,  and  he  is  Approved 
hereby  required,  to  enter  into  contract  and  agreement,  in  Aug.  26, 1857. 
the  name  and  on  the  part  and  behalf  of  the  Mayor,  Aider- 
men,  and  inhabitants  of  the  City  of  Galveston,  with  the 
Galveston,  Houston  and  Henderson  Railroad  Company,  con- 
cerning the  construction  of  a Bridge  from  the  present  ter- 
minus of  the  Railway  of  said  Company,  at  Virginia  Point, 
on  the  main  land,  to  some  convenient  and  proper  point  on 
the  Island  of  Galveston,  to  be  designated  and  located  under 
the  direction  of  said  Company,  in  which  said  contract  and 
agreement,  the  Mayor  is  authorized  and  empowered  to  en- 


14 


gage,  andertake  aud  stipulate,  that  the  corporation  of  the 
city  will  construct  and  baild  said  Bridge,  or  cause  the  same 
to  be  done,  according  to,  and  in  conformity  with  such  plan  as- 
the  Engineer  of  the  said  Company,  or  otlier  officer  or  agent 
designated  or  appointed  by  it,  shall  advise,  devise,  present,, 
or  approve  of ; and  that  the  work  of  construction  of  said 
Bridge  shall  progress,  be  carried  on  and  performed  under 
the  supervision  and  inspection  of  said  Engineer,  or  other 
officer  or  agent  of  said  Company,  designated  by  it  for  the 
performance  of  said  duty  ; Provided,  however,  that  the  cost 
of  construction  of  the  work  aforesaid,  paid  by  the  City  of 
Galveston,  shall  not  exceed  the  aforesaid  sum  of  one  hun- 
dred thousand  dollars.  And  that  it  shall  be  required  of  the 
said  Galveston,  Houston  and  Henderson  Kailroad  Comx)any, 
by  proper  covenant,  stipulations,  and  agreement,  to  be  in- 
serted in  the  said  contract,  that  in  consideration  of  the  cove- 
nant, stipulations  and  underta  kings  of  the  corporation  of  the 
city,  and  the  use,  occupation,  and  possession  of  the  said 
Brklge,  when  constructed  and  built,  that  the  said  Itailroad 
Company  shall,  and  will  i)ut  the  iron  rails,  and  other  neces- 
sary fixtures,  &c.,  upon  the  said  Bridge,  so  as  to  fit  it  lor 
use,  at  its  own  proper  cost  and  charge ; that  the  said  Eail- 
road  Company  shall  pay,  satisfy,  discharge  and  keep  down 
the  interest  on  the  Bonds  of  the  city,  issued  for  the  construc- 
tion of  the  work,  as  the  same  shall  fall  or  accrue  due  ; or 
shall  by  other  means  save,  keep  harmless,  and  indemnify 
the  corporation  of  the  city,  of  or  from  any  claim  or  demand 
therefor  ; that  the  said  Eailroad  Company,  shall,  at  all 
times,  keep  and  preserve  the  structure  of  said  Bridge  in  good 
and  perfect  rei)air,  and  finally  will  acquire  the  right  and 
property  in  the  said  Bridge,  by  paying  and  discharging,  or 
otherwise  returning  or  cancelling  the  Bonds  issued  by  the 
corporation  of  the  city  for  the  construction  thereof,  at  or 
before  the  maturity  of  the  same  ; and  shall  also  build  with 
all  reasonable  dispatch,  the  line  of  the  road  from  the  end 
or  termination  of  the  Bridge  on  the  Island  to  the  City  of 
Galveston.  And  the  said  contract,  or  agreement,  shall  also 
contain  covenant  by  tfie  corporation  of  the  city  and  the 
said  Eailroad  Company:  That  the  said  Eailroad  Company, 
shall  have  the  free,  undisturbed  use,  occupation  and  posses- 
sion of  the  said  Bridge,  so  long  as  it  shall  well  and  truly  keep 
and  perform  the  engagements,  covenants,  and  stipulations 
specified  and  contained  in  said  contract,  to  be  kept  and  per- 
formed by  it ; but  that  on  failure  thereof,  the  corporation  of 
the  City  of  Galveston,  by  its  oflicers  or  agents,  shall  have 
the  right,  and  may  re-enter  upon  the  said  Bridge  and  dispos- 
sess the  said  Eailroad  Company  thereof,  anything  in  the 
said  contract  to  the  contrary  notwithstanding. 


15 


Abt.  57.  [IL]  It  is  hereby  made  the  duty  of  the  Mayor, 
upon  consultation  with  the  Engineer,  or  other  pl^oper  officer, 
or  agent  of  the  said  Railroad  Company,  by  a notice  or  adver- 
tisement, to  be  published  in  such  new  spapers  as  he  may  deem 
necessary  or  proper,  to  invite  proposals  for  the  constiuction 
of  said  Bridge,  according  to  the  plans  presented  and  ap- 
proved. And  he  shall  in  said  publication,  give  notice  that 
the  City  Council  reserves,  and  will  exercise  the  right  of 
awarding  the  contract  for  the  construction  of  said  Bridge  to 
the  proposal  or  bid  which  may  be  considered  the  most  eligi- 
ble, although  it  may  not  be  the  lowest  in  price,  or  to  reject  all, 
if  the  same  shall  be  deemed  unsatisfactory.  And  he  shall 
require  persons  proposing  and  bidding  for  the  said  wmrk,  to 
state  within  what  time  they  will  complete  the  same ; how^, 
and  wiien  the  therefor  will  be  required ; and 

what  amount,  or  portion  of  the  price,  if  any,  may  be  paid 
and  discharged  in  the  Bonds  of  the  city,  authorized  in  this 
Ordinance  to  be  issued. 

Art.  58.  [III.]  When  the  time  limited  and  appointed 
by  the  Mayor  in  his  notice  for  the  reception  of  proposals 
shall  have  exx^ired,  the  x^roposals  and  bids  for  the  construc- 
tion of  said  work,  which  may  have  been  received  by  him, 
shall  be  reported  and  presented  by  him  to  the  Council,  who 
will  thereux)on  examine  the  same,  and  aAvard  the  contract 
to  the  most  eligible  bid,  or  rejecting  the  whole ; if  none  be 
deemed  satisfactory,  shall  order  and  direct  advertisements 
for  prox^osals  anew. 

Art.  59.  \TV.]  If  it  should  so  happen  that  no  prox^osal 
or  bid  should  be  made  for  the  construction  of  said  work 
within  the  said  sum  of  one  hundred  thousand  dollars,  or 
the  most  eligible  x3rox)osal  or  bid  should  exceed  that  sum, 
or  such  changes,  additions  and  imx)rovements  should  be 
made  to  the  plan,  as  at  x^resent  agreed  ux>on  and  settled,  as 
wnuld  increase  the  cost  of  construction  beyond  the  sum, 
and  the  said  Gralveston,  Houston  and  Henderson  Railroad 
Company  should  desire  the  said  prox>osals  to  be  accepted 
or  said  changes  or  additions  made,  the  same  may  be  done 
ux^on  the  said  Galveston,  Houston  and  Henderson  Railroad 
Company  entefing  into  an  agreement  or  contract  with  the 
contractor  or  contractors  to  pay  such  excess  of  x^rice  over 
and  above  the  said  sum  of  one  hundred  thousand  dollars, 
and  upon  the  agreement  of  said  contractor  or  contractors 
to  accex^t  and  receive  the  undertaking  and  liability  of  said 
Railroad  Company  therefor,  and  not  to  make  any  claim  or 
demand  upon  the  City  of  Galveston  for  or  on  account  of 
such  excess. 

Art.  60.  [Y.j  It  shall  be  the  duty  of  the  Mayor  when- 
ever, after  a contract  shall  be  entered  into  for  the  construe- 


16 


tion  of  the  aforesaid  work,  it  shall  be  in  his  opinion  or  that 
of  the  City  Council,  requisite  and  necessary  so  to  do,  to 
issue  the  bonds  of  the  Corporation  of  the  City  to  the  extent 
of  one  hundred  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary  for  the  construction  of  said  Bridge,  and 
cause  the  same  to  be  negotiated  in  such  manner  and  by 
such  means  as  he  may  deem  most  conducive  to  the  interest 
of  the  City.  The  said  bonds  to  be  in  sums  or  not  less  than 
one  hundred,  or  more  than  one  thousand  dollars,  to  be  pay- 
able in  not  less  than  twelve  nor  more  than  twenty  years  from 
the  date  thereof,  and  to  bear  interest  at  and  after  the  rate 
of  not  more  than  ten  per  cent,  per  annum,  which  interest 
shall  be  payable  semi-annually,  on  presentation  and  surren 
der  of  the  coupons  to  be  thereto  attached. 

Passed  May  Art.  61.  (I.)  There  shall  be  levied  and  collected  for 
•21,  I860.  ‘ the  municipal  year  of  1860,  and  annually  thereafter,  a tax 

of  one-fourth  of  one  per  centum  on  the  assessed  values  of  all 
real  and  personal  property  in  the  City  of  Galveston,  to  be 
applied  and  appropriated  to  the  liquidation  of  the  principal 
and  interest  of  the  City  Bonds  issued  for  the  construction 
of  the  Bailroad  Bridge  across  the  Bay  of  Galveston,  on  the 
line  of  the  Galveston,  Houston  and  Henderson  Eailroad; 
said  Tax  to  be  assessed  and  collected  in  the  same  manner 
as  the  othf^r  taxes  of  the  City. 

Passed  May  Art.  62.  (I.)  The  mone}'  collected  under  the  special 
31,  1869.  Act  of  the  Legislature  of  the  State  of  Texas,  approved 
January  20th,  1860,  entitled  An  Act  to  empower  the  May 
or.  Aldermen,  and  Inhabitants  of  the  City  of  Galveston  to 

See  Art.  XI,  issue  Bonds  for  the  construction  of  a Bridge  from  the  Island 
Galveston  to  the  main  land,  in  aid  of  the  Galveston 
^ ^ ’ Houston  and  Henderson  Eailroad,  and  to  validate  the 
Bonds  by  them  issued,  or  to  be  issued  for  such  purpose,  and 
to  impose  a Special  Tax  to  pay  interest  on  said  Bonds,  and 
to  provide  a fund  to  meet  said  Bonds  when  due,  &c.,  are  a 
special  deposit  in  the  hands  of  the  authorities  of  the  City 
of  Galveston  for  the  purpose  for  which  they  are  collected, 
and  can  be  disbursed  lawfully  only  for  the  payment  of  in- 
terest and  for  the  redemption  of  the  Bonds  negotiated  under 
and  by  authority  of  said  Act.  Whqn  any  matured  cou- 
pons of  the  Bonds,  known  as  the  Bridge  Bonds,  shall  be 
presented  at  the  office  of  the  Treasurer  of  the  City  of  Gal- 
veston, he  shall  pay  the  same,  if  there  be  any  money  of 
Bridge  Funds,  proceeds  of  the  said  Special  Tax ; Provided, 
nothing  in  this  Ordinance  be  so  construed  as  to  authorize 
the  payment  of  any  Bond,  until  one  years  interest  has  been 
provided  for  in  advance.  The  moneys  collected  under  this 
Act,  and  known  as  the  Bridge  Fund,  are  not  subject  to 
draft,  and  the  Treasurer  of  the  City  of  Galveston  as  hereby 


17 


forbidden  to  pay  an^^  draft  out  of  said  Fund,  unless  it  be 
accompanied  by  a Bond  for  the  amount  of  the  draft  surren- 
dered to  be  cancelled. 


CHAPTER  VIII. 

CEMETERIES. 

Article  63.  [I.]  The  place  purchased  by  the  City  as  Approved 
a site  for  a Cemetery,  viz : Lots  Nos.  71  and  80,  Section 
one,  Galveston  Island,  and  such  other  grounds  as  may  be 
hereafter  added  to  said  Lots,  shall  be  the  place  of  burial  for  ^ ® 

the  dead,  for  tiie  City  of  Galveston,  and  shall  be  known  and 
designated  as  the  City  Cemetery.  and 

Art.  64.  [II.]  The  said  two  Lots  shall  be  suitably  laid  Sec.  il  and 
off  into  streets,  paths  and  lots.  The  size  of  a full  lot  shall  fy 
be  twenty  by  twenty  feet,  which  full  lots  may  be  sold  in  charter^ 
quarters,  and  the  price  of  a full  lot  shall  be  twenty-five  (25) 
dollars,  and  of  a quarter  lot  one-fourth  of  that  amount. 

Art.  65.  |III.]  The  City  Engineer  shall  survey  said 
grounds,  and  shall  make  a map  thereof,  of  a size  not  ex- 
ceeding twenty  feet  to  the  inch,  on  durable  paper,  and  neatly 
and  artistically  drawn,  designating  in  some  appropriate  part, 
some  portion  as  burying  ground  for  paupers,  buried  by  the 
County  or  City,  and  another  for  strangers ; and  number- 
ing the  lots  from  the  South  Central  entrance  to  the  North 
consecutively,  as  ranges  East  and  West  from  the  central 
street,  1,  2,  3,  &c.;  and  the  quarter  blocks  shall  be  designa- 
ed  N.  E.,  N.  W..  S.  E.,  and  S.  W.,  quarter;  which  map,  when 
completed,  shall  be  framed  and  suspended  in  the  office  of 
the  City  Clerk,  and  a copy  thereof  filed  in  the  office  of  the 
Recorder  of  Deeds. 

Art.  66.  [lY.]  The  said  map  being  executed  and  adopt- 
ed, the  lots  shall  be  open  to  purchase,  and  the  person  select- 
ing a lot  or  quarter  lot,  or  one  or  more  lots,  for  a congrega- 
tion, shall  point  the  same  out  to  the  City  Clerk,  who  shall 
note  the  same  on  the  map,  with  the  date  and  name,  and  give 
the  applicant  a certificate  of  selection.  The  applicant  shall 
present  said  certificate  to  the  City  Treasurer,  who  shall  re- 
ceive the  price  of  the  lot  or  lots,  and  endorse  his  receipt  on 
said  certificate,  which  shall  be  returned  to  the  Clerk  and  filed 
in  his  office. 

Art.  67.  |V.]  The  Mayor  shall  cause  to  be  printed  and 
bound  substantially,  blank  deeds  for  lots  in  the  Cemetery, 
describing  the  lots  as  Lot  No.  — , in  Range  No.  — , (East  or 
West,  as  the  case  may  be,)  and  on  the  return  of  the  certifi- 
cate of  selection  with  the  receipt  of  the  Treasurer  endorsed, 


18 


the  Clerk  shall  fill  np  one  of  the  blank  deeds  with  the  name 
of  the  purchaser,  number  of  range  and  lot,  or  quarter  lot, 
and  date,  and  the  Mayor  and  purchaser  shall  sign  said  deed, 
and  their  signatures  shall  be  attested  by  the  Clerk,  who 
thereupon  shall  deliver  to  the  purchaser  a certificate  of  i)ur- 
chase,  describing  the  lot  as  in  the  deed,  and  the  certificate 
of  i)urchase  Sfball  bear  the  number  of  the  page  of  the  deed 
book.  The  said  book  shall  be  indexed  alphabetically,  with 
the  names  of  all  purchasers  of  lots,  and  the  page  of  the  deed, 
and  shall  remain  as  record  of  the  City  in  the  custody  of  the 
City  Clerk;  and  for  each  certificate  of  purchase  completed 
the  City  Clerk  shall  receive  one  dollar,  to  be  paid  by  the 
purchaser. 

Art.  68.  [VI.]  The  proceeds  of  lots  sold  shall  as  received 
by  the  Treasurer,  be  credited  to  the  Cemetery  Fund,  and 
shall  be  subject  to  draft  only  for  Cemetery  purposes,  and  to 
reimburse  the  city  for  the  amount  paid  for  the  grounds. 

Art.  69.  [YII.]  For  the  care,  improvement,  and  beauti- 
fying of  the  gTounds,  and  as  superintendent  of  the  work, 
there  shall  be  a Superintendent  of  the  Cemetery,  who  shall 
reside  at  the  Cemetery,  and^hall  have  the  supervision  of  all 
laborers  employed  thereon.  The  said  Superintendent  shall 
be  appointed  by  the  Majmr,  by  and  with  the  consent  of  the 
City  Council,  and  shall  hold  his  office  for  one  year,  remova- 
ble at  the  pleasure  of  the  Mayor,  and  shall  receive  as  salary 
one  hundred  dollars  per  month,  payable  when  in  funds  from 
the  Cemetery  Fund,  and  when  otherwise,  from  the  General 
Fund. 

Art.  70.  [VIII.]  The  City  Sexton  shall  prepare  the 
graves  as  called  for,  and  shall  receive  for  his  services  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

Art.  71.  [IX.]  The  Superintendent  of  the  Cemetery 
shall,  from  time  to  time,  submit  to  the  Council  suggestions 
as  to  imi^rovements  to  be  made,  with  estimates  of  the  cost, 
and  if  the  same  be  approved  by  the  Council,  they  shall  ap- 
propriate from  the  Cemetery  Fund  the  amount  necessary  for 
the  work  as  it  progresses  from  month  to  month,  or  for  the 
purchase  of  material  and  pay  of  laborers ; and  the  said  Su- 
perintendent shall  keep  a Time  Table,  and  prepare  the  Pay 
Eoll,  to  which  he  shall  make  oath. 

Art.  72.  [X.]  It  shall  be  the  duty  of  the  Committee  on 
Cemeteries,  at  least  once  a month,  to  examine  the  progress 
of  the  work  projected  and  in  course  of  completion,  and  re- 
port to  the  Council,  and  on  recommendation  of  the  Commit- 
tee and  an  address  of  a majority,  the  Mayor  shall  remove  the 
Superintendent  for  cause,  viz  : for  incompetency,  for  inat- 
tention, or  neglect  of  duty. 


19 


Akt.  73.  [XL]  The  City  Sexton  shall  keep  a Eegister  in 
his  office,  in  a substantially  bound  book,  in  index  form, 
allowing  eight  to  ten  pages  to  each  letter,  which  Eegister 
shall  be  ruled  into  columns,  showing  Date  of  Burial,’^ 

Xaine  of  Deceased,’^  ‘‘  Xafivity,’^  “ Age,”  Cause  of  Death,” 

Place  of  Burial,”  viz  : Xo.  of  Eange,  Xo.  of  Lot,  and  Xo. 
of  Grave  in  Lot ; Provided,  that  when  the  burial  is  made  in 
a private  lot,  the  Xo.  of  grave  shall  be  omitted. 

Art.  74.  [XII.]  The  Sexton  shall  enter  in  said  Eegister 
all  burials  made  in  the  Cemetery,  whether  in  private  Lots, 

Potter’s  Field,  or  Stranger’s  Ground;  and  for  the  i)urpose 
of  making  said  entry  he  shall  require  from  the  friends  of  the 
deceased  a certificate  from  the  attending  physician,  or  from 
some  two  citizens,  as  to  the  facts  necessary  to  be  interred, 
or  ^iihall  have  an  inquest  held  on  the  body. 

Art.  75.  [XIIL]  The  said  Eegister  shall  be  kept  in  the 
office  of  the  City  Sexton,  and  shall  be  open  to  inspection  by 
any  one  interested,  and  failure  to  make  such  entries  shall  be 
sufficient  cause  for  removal  from  office. 

Art.  76.  [I.]  The  City  Sexton  shall,  before  he  enters  Approved 
upon  the  duties  of  his  office,  take  and  subscribe  an  oath  be*  h,  1857. 
fore  the  Mayor,  or  some  Justice  of  the  Peace,  resident  in  said 
Cfity,  well  and  truly  to  perform  the  duties  of  his  said  office. 

Art.  77.  [II.]  Any  person  desiring  to  have  a dead  body 
interred  in  the  City  Cemeteries,  shall  apply  to  the  City  Sex- 
ton for  that  purpose,  and  it  is  hereby  made  the  duty  of  the 
said  Sexton  faithfully  to  inter  the  dead  bodies  of  all  jiersons 
entrusted  to  him  for  that  purpose  : Provided,  that  the  per- 
son having  charge  of  said  dead  body,  or  desiring  such  inter- 
ment to  be  made,  shall  furnish  the  Sexton  with  a certificate 
from  the  attending  physician  of  the  deceased,  or  from  some 
member  of  the  family  or  friend  of  the  deceased  ; or  in  cases 
where  an  inquest  shall  have  been  held  upon  said  dead  body, 
from  the  Coroner,  or  other  officer  acting  in  such  capacity, 
setting  forth  and  stating  the  name,  sex,  age,  place  of  birth, 
residence  of  the  deceased,  time  and  place  of  deatli,  and  the 
disease  or  casualty  which  produced  such  death,  or  as  many 
of  the  said  particulars  as  may  be  known  or  can  be  obtained. 

Art.  78.  [III.]  It  shall  be  the  duty  of  the  Sexton  to  re- 
quire such  certificate  to  be  delivered  to  him  before  he  inters 
any  dead  body,  and  if  he  shall  bury  any  person  without  such 
certificate,  he  shall  be  subject  to  a fine  of  not  exceeding  ten 
dollars. 

Art.  79.  [IV.]  It  shall  be  the  duty  of  every  house- 
holder, or  other  person  having  charge  of  the  body  of  any 
deceased  person,  and  of  the  attending  physician,  to  furnish 
the  certificate  required  by  Section  77,  and  upon  refusal  or 


20 


neglect  to  comply  with  such  requisition^  he  shall  be  fined  in 
a sum  of  not  exceeding  ten  dollars. 

Art.  80.  [Y.]  It  shall  be  the  duty  of  the  Sexton  to 
keep  a Eecord  Book,  which  shall  contain  a correct  account 
of  all  Burial  Lots,  or  Graves  sold  in  the  Cemetery  under  his 
charge,  and  also  an  abstract  of  all  the  certificates  furnished 
and  delivered  to  him  with  any  dead  body,  and  he  shall  make 
a weekly  report  to  the  City  Clerk  of  all  interments  in  the 
Cemeteries  under  his  charge,  with  the  name,  color,  nativity, 
residence,  and  age  of  the  person  interred,  whenever  they 
can  be  ascertained,  and  the  disease  or  casualty  which  caused 
the  death,  and  shall  report  oftener,  whenever  he  shall  be 
required  by  the  Council  or  by  the  Mayor ; and  for  failure  or 
neglect  to  observe  the  requirement  of  this  Section,  he  shall 
be  liable  to  a penalty  of  two  dollars  for  each  and  every  omis- 
sion. 

Art.  81.  [YL|  It  shall  be  the  duty  of  the  City  Clerk 
transcribe  the  said  reports  of  the  Sexton  into  a Eecord  Book, 
to  be  kept  for  that  purpose  in  his  office,  and  to  publish  the 
same  monthly,  or  as  often  as  he  may  be  required  by  order 
of  the  Council  or  of  the  Mayor ; and  for  any  neglect  of  duty 
in  this  particular,  the  said  Clerk  shall  be  subject  to  a fine 
of  not  more  than  ten  dollars  for  each  and  every  omission. 

Art.  82.  [YIl.]  It  shall  not  be  lawfml  for  any  person 
to  disinter,  or  remove  any  dead  body  deposited  therein,  from 
any  grave  or  vault,  except  it  be  upon  the  application  or  with 
the  consent  of  the  friends  or  family  of  the  deceased  ; and 
then  only  under  the  written  permission  of  the  Mayor,  and 
superintendence  of  the  City  Sexton.  And  if  any  person 
shall  offend  against  the  provisions  of  this  section,  or  shall 
receive  any  such  body,  knowing  it  to  have  been  so  disinterr- 
ed and  removed,  he  shall  be  fined  in  a sum  not  exceeding' 
one  hundred  dollars,  and  if  the  fine  be  not  paid,  shall  be  im- 
prisoned not  exceeding  fifteen  days. 

Art.  83.  [YIII.]  If  the  said  City  Sexton,  shall,  without 
the  consent  of  the  friends  or  family  of  the  dead  person,  and 
without  proper  authority,  as  specified  in  the  preceding  sec- 
tion, suffer,  permit,  or  allow  the  disinterment  of  any  dead 
body,  or  participate  directly  or  indirectly  therein,  or  in  un- 
lawfully and  improperly  withholding,  and  keeping  from  in- 
terment any  dead  body,  or  suffering  or  allowing  it  to  be 
done,  he  shall  be  fined  in  a sum  of  not  exceeding  one  hun- 
dred dollars,  and  shall  be  removed  from  office. 

Art.  84.  [IX.]  The  said  Sexton  shall  prepare,  or  cause 
to  be  prepared,  graves  for  the  reception  of  dead  bodies,  as 
promptly  as  shall  be  required,  and  shall  take  care  that  none 
be  of  a less  depth  than  three  feet.  And  it  shall  be  his  duty 


21 


to  keep  the  Cemeteries  free  from  weeds  and  in  good  condi- 
tion. 

Art.  85.  [XI.]  If  any  person  shall  cut,  break  or  other- 
wise injure,  mutilate  or  deface,  any  tombstone,  head  or  foot 
board,  vault,  monument  or  enclosure,  tree,  shrub  or  orna- 
ment, in  the  City  Cemeteries,  or  in  any  grave  yard,  w^hether 
belonging  to  the  city  or  not,  he  shall  be  liable  to  be  fined  in 
a sum  not  exceeding  twenty-five  dollars. 


CHAPTER  IX. 

(UTY  ATTORNEY. 

Article  86.  [I.]  It  shall  be  the  duty  of  the  Mayor,  by  Ap})i()V(f(i 
and  with  the  advice  and  consent  of  the  Board  of  Aldermen,  Jau.  8,  1857. 
annually  to  contract  with,  and  engage  the  services  of  some 
competent  Lawyer,  resident  within  the  city  limits,  to  per- 
form the  duties  of  City  Attorney  and  Counsel,  for  and  dur- 
ing the  municipal  year,  and  until  the  election  and  organiza- 
tion of  the  succeeding  Board  of  Aldermen,  and  until  he 
shall  be  superseded  by  some  other  person  under  a new  con- 
tract. 

Art.  87.  [II. J It  shall  be  the  duty  of  the  person  so  en- 
gaged and  employed  as  Attorney  and  Counsel  for  the  city,  to 
advise  the  City  Council  and  officers  of  the  city,  upon  such 
legal  matters  and  questions  affecting  the  interests  of  the 
corporation,  as  may  from  time  to  time  be  referred  to  him; 
to  institute,  prosecute,  defend,  and  generally  to  attend  to 
all  suits  in  which  the  city  shall  be  a party,  or  may  be  other- 
wise interested,  in  the  several  courts  of  the  State  of  Texas; 
to  attend  the  trial  of  any  case  before  the  Mayor  in  his  court, 
whenever  called  upon  by  that  officer,  and  before  the  Board 
of  Aldermen  upon  the  trial  of  any  officer  of  the  city,  and 
to  conduct  and  manage  the  prosecution  thereof;  and  gener- 
ally to  perform  such  other  professional  duties  as  may  from 
time  to  time  be  required  by  the  City  Council. 

Art.  88.  | III.  | That  the  compensation  to  be  paid  to  the 
said  Attorney  and  Counsel,  shall  be  such  as  shall  be  agneed 
upon  and  specified  in  the  contract  entered  into  and  agreed 
upon  with  him,  as  provided  to  be  made  in  the  first  section. 


CHAPTEE  X. 

COUNTY  ATTORNEY. 

Apjjroved  WHEREAS,  the  Coiiiity  Attorney  of  Galveston  County, 
Jan.  2,  1^71.  been  in  the  habit  of  attending  the  sessions  of  the  Ee- 
cordePs  Court,  and  claiming  by  virtue  of  his  ofhcial  i)osi“ 
tion  as  such  County  Attorney,  the  right  to  take  charge  of 
causes  pending  before  the  EecordePs  Court,  and  to  have  a 
fee  of  ten  dollars  taxed  against  the  delinquent  as  his  fees  for 
services  thus  rendered;  and,  whereas,  the  Eecorder  of  this 
city  has  been  in  the  habit  of  entering  said  fees  of  such  At- 
torney's fee,  taxed  against  delinquents,  and  collecting  for 
the  use  and  benelit  of  said  County  Attorney;  and,  whereas, 
the  aforesaid  practice  is  wholly  unwarranted  in  law,  and 
adverse  to  good  morals. 

Art.  89.  [I]  Therefore,  be  it  ordained  by  the  Mayor 
and  Aldermen,  in  council  convened.  That  the  Eecorder  of 
this  city  shall  not  order  or  allow  any  fee  for  the  use  and 
benelit  of  the  said  County  Attorney  to  be  taxed  in  any  bill 
of  costs  ordered  by  said  EecordePs  Court,  nor  shall  the 
Clerk  or  Chief  of  Police  of  the  city  tax,  or  allow  to  be  taxed 
or  collect,  any  fee  for  said  County  Attorney  as  above. 

' Art.  90.  [II.J  That  if  the  City  Clerk  or  Chief  of  Police 
shall  violate  the  provisions  of  this  Ordinance,  they  and  each 
• of  them  so  oftending  shall,  for  every  such  violation  be  liable 
to  pay  a fine  not  less  than  twenty-five  dollars,  nor  more  than 
fifty  dollars. 

" Art.  91.  [III.]  That  if  the  City  Eecorder  shall  violate 
the  provisions  of  this  Ordinance,  he  shall  for  each  and  every 
such  violation,  forfeit  and  pay  to  the  City  of  Galveston  the 
sum  of  fifty  dollars ; and  in  all  comi3laints  against  the  City 
Eecorder  for  violating  this  Ordinance,  the  cause  shall  be 
tried  before  the  Mayor  of  this  City,  presiding  as  Judge  of 
the  City  Court. 

Art.  92.  [IV.]  That  if  the  said  Eecorder  shall  give  to 
the  said  County  Attorney  any  instrument  of  writing  pur- 
porting to  show  that  said  County  Attorney  is  entitled  to 
aii3'  fee  as  such  for  services  rendered  before  the  City  Court, 
he  shall  be  deemed  and  held  to  have  violated  the  provisions 
of  this  Ordinance. 


CHAPTEE  XL 
DIVISION  FENCES. 

Approved  ARTICLE  93.  [L]  It  shall  be  the  duty  of  the  owner  or 

^See  Sec^  7 of  all  occupied  lots,  to  erect  and  keep  in  repair,  prop- 

Art.  II,  Title  cr  fences  to  divide  their  property  from  that  next  and  adjoin- 
Yii,  of  the  ing  ; one-half  of  each  division  fence  to  be  jiaid  for  by  each 
Charter.  ^ 


23 


owner  or  owners  thereof,  said  fence  to  he  not  less  than  five 
feet  in  height,  suhstaiitially  built,  of  good  material,  the 
posts  not  more  than  nine  feet  apart,  and  the  palings  not 
more  than  one  and  one-half  inches  from  each  other. 

Art.  94.  [II.I  Any  person  owning  an  occupied  lot 
who  shall  have  erected  his  half  of  the  division  fence  as  con- 
templated in  the  first  section,  may  require  the  owner  or 
agent  of  the  adjoining  occupied  lot,  to  erect  the  other  half 
of  said  fence  on  giving  him  thirty  days  notice  to  erect  the 
same,  wbich  party  shall  comply  with  this  Ordinance  within 
thirty  days  after  receiving  such  ]iotice;  and  if  he  neglects 
or  refuses  so  to  do,  he  or  they  shall  be  liable  to  a fine  of  five 
dollars  per  day,  for  each  day  thereafter  lie  shall  fail  to  erect 
said  division  fence. 

Art.  95.  [III.J  i^o  provision  herein  shall  be  so  con- 
strued as  to  compel  owners  of  vacant  lots  to  erect  any  part 
of  any  division  fence  adjoining  the  same. 


CHAPTER  XII. 

FINANCE.  ^ 

Article  96.  [I.J  When  a party  indebted  to  this  cor-  Passed 
poratioii  presents  for  the  payment  of  such  indebtedness  a ^^^^ch20,iH65 
draft  for  par  funds  on  the  City  Treasury  in  an  amount  ex- 
ceeding such  indebtedness,  the  Marshal  or  other  officer  col- 
lecting the  same  shall  require  such  person  to  credit  said 
draft  with  the  full  amount  of  such  indebtedness,  and  in  ad- 
dition he  shall  give  to  the  Marshal  or  other  collector  a re- 
ceipt or  statement  to  the  effect  that  he  paid  his  indebtedness 
with  said  draft,  and  that  he  had  credited  the  amount  on  the 
draft,  giving  in  said  receipt  or  statement,  the  amount,  date, 
and  number  of  the  draft,  and  in  whose  favor  the  same,  was 
issued,  which  statement  shall  be  deposited  with  the  Treasu- 
rer, and  received  by  him  as  so  much  money. 

Art.  97.  [I.]  All  moneys  received  by  any  officer  of  the  Approved 
City  on  account  of  the  City,  for  amy  taxes,  licenses,  fines  or 
other  dues  of  th^  City,  shall  be  paid  into  the  Treasury  of  ^ritie 

the  City  as  received,  whether  said  receipts  shall  be  in  cur-  jy  * 
rency,  or  City  script  or  coin.  Charter. 

Xo  officer  of  the  City  receivings  money  on  account  of  Sec.  l, 
the  same,  shall  substitute  City  scrip  for  currency  received 
by  him.  ' Charter. 

All  officers  of  the  City,  receiving  money  on  account  of 
the  same,  shall  keep  an  accurate  record  of  his  receipts  from 
each  party  paying.  Said  record  shall  detail  the  amount  and 
character  of  the  payments  received^  whether  the  same  wms 


24 


in  City  scrip,  coin  or  currency,  and  said  returns  shall  be 
made  under  oath. 


CHAPTES  XIII. 


Approved 
Jail,  -ja,  1857.  . , 
See  Sec.  10, 


FIRES — PREVENTION  AND  EXTINGTJISHjVIENT  OF. 
xIrticle  98.  [1.]  An  alarm  of  fire  shall  be  given  by  ring- 
two  or  more  strokes  per  second  for  the  space  of  a miii- 


Art.  II,  Title  ute  or  more  on  the  market  bell,  or  any  church  or  hotel  bell, 
VII,  i.f  the  in  the  city  of  Glalveston,  or  tiny  steamboat  bell  in  the  harbor, 


Charter. 


or  the  alarm  bells  iu  each  Ward. 


Art.  99.  [II.]  Any  j)erson  who  shall  make  a false  alarm 
of  fire,  or  shall  ring  or  cause  to  be  rung  any  hotel,  steam- 
boat, church  or  similar  bell,  at  a more  rapid  rate  than 
one  stroke  per  second,  for  the  space  of  half  a minute  or 
more,  (except  in  cases  of  fire,)  shall  be  liable  to  a fine  of 
twenty  dollars  ($20)  or  ten  days’  imprisonment. 


Art.  100.  [III.]  It  shall  not  be  lawful  for  any  person  or 
persons  to  have  in  his,  her  or  their  possession,  within  the 
City,  any  coal,  wood,  plank,  staves,  shingles,  or  other  lum- 
ber, or  fuel  of  any  description,  combustibles  or  any  mate- 
rials that  may  occasion  hazard  or  danger  of  fire,  unless  the 
same  shall  be  secured  in  such  manner  as  shall  be  consid- 
ered by  the  Mayor  or  Chief  Engineer  to  be  safe  from  any 
danger  of  fire.  Any  person  or  persons  refusing  to  remove 
the  said  articles  when  ordered  by  the  Mayor,  shall  forfeit 
and  pay  the  sum  of  twenty-five  dollars  for  every  day  such 
refusal  or  neglect  shall  continue. 

Art^m^™  Art.  101.  |IV.]  It  shall  not  be  lawful  for  any  person  or 
IV  of  the  PGi’Sons  to  fire  or  discharge  any  gun,  pistol,  fowling-piece  or 
Charter.  firearm,  or  to  discharge  or  let  off*  any  rocket,  cracker,  squib 
Sec.  5,  Art.  Or  other  fireworks  in  any  street,  yard,  lot,  alley,  walk  or 
II,  Tide  VII.  public  highway  within  ther  limits  of  the  City,  or  from  the  door 
or  window  of  any  house,  or  other  building,  or  near  any  house, 
in  any  inhabitable  part  of  the  City,  under  any  pretext  what- 
ever, under  a penalty  of  five  dollars  for  each  off*ence,  if  the 
person  so  offending  be  over  the  age  of  fourteen  years,  and 
if  under  the  age  of  fourteen,  then  such  person’s  parent  or 
guardian  shall  pay  such  penalty. 

Art.  102.  [V.]  It  shall  not  be  lawful  for  any  person  or 
persons  to  carry,  or  cause  to  be  carried  in  the  streets  or  al- 
leys, any  burning  coals  or  brands  unless  the  same  be  shut 
up  in  a covered  vessel,  and  any  person  offending  against 
the  provisions  of  this  section  shall  be  subject  to  a fine  of  five 
dollars. 


25 


Art.  103.  (VI.)  It  sliall  not  be  lawful  for  any  person 
living  within  the  limits  of  the  City  to  build,  or  make,  or  have 
a fire  in  his,  her  or  their  yard,  or  in  the  alleys  or  streets  of  said 
City.  And  each  and  every  person  ofiending  therein,  shall  be 
subject  for  each  offence  to  a fine  of  not  more  than  one  hun- 
dred dollars. 

Art.  101.  [VII.]  It  shall  not  be  lawful  to  erect,  or  use  See  Sec.  l, 
any  stove  or  Franklin,  unless  the  pipe  thereof  be  conducted  Art.  ii,  Title 
into  a chimney  made  of  brick  or  stone,  nor  shall  any  such 
naked  pipe  be  allowed  to  pass  through  the  upper  fioor  of  a 
building*  and  in  every  wooden  wall,  partition  and  floor, 
through  which  a pipe  is  to  run,  there  shall  be  placed  a stone 
or  earthen  crock,  or  double  tin  cylinder  through  which  such 
pipe  shall  extend^  and  betweeji  such  crock  and  cylinder  and 
such  pipe,  there  shall  be  a space  of  at  least  one  iiich,  nor 
shall  any  such  pipe  be  so  put  up  as  to  project  through  said 
chimney  into  the  open  air ; and  any  persons  violating  the 
])i'Ovisions  of  this  section  shall  be  liable  to  a penalty  of  ten 
dollars  for  each  and  every  day  during  which  said  pipe  may 
be  in  use. 

Art.  105.  [VIII.]  There  shall  be  imposed  a like  fine  of 
ten  dollars  upon  any  mechanic,  or  other  person,  who  shall 
erect  or  put  up  any  stove-pipe  in  violation  of  the  provisions 
of  the  i^receding  section. 

Art.  106.  [IX.]  It  shall  be  the  duty  of  all  persons 
using  a stove  or  stoves  in  any  house,  store,  shop  or  building 
within  the  corporate  limits  of  the  city,  to  have  a platform 
of  stone,  brick,  sheet  iron  or  earth  under  the  said  stove  or 
stoves,  extending  at  least  six  inches  in  every  direction 
beyond  that  part  of  the  lower  plate,  that  fronts  the  door  or 
doors  of  said  stove  or  stoves ; and  any  person  failing  to 
observe  or  conform  to  this  direction,  shall  be  liable  to  be 
fined  not  exceeding  ten  dollars  for  each  and  every  day  the 
same  shall  be  used. 

Art.  107.  [X.J  The  owner  and  occupant  of  every  house  See  Sec.  3, 
within  the  limits  of  tlie  City,  siiall  provide  and  keep  one  fire  Art.  II,  Title 
bucket  for  each  and  every  room  in  his  house,  or  upon  his  c^^rter 
premises,  in  which  a fire  is  kept,  whether  it  be  a fire  place  in  a 
chimney  or  a stove ; which  said  fire  bucket  shall  be  capa- 
ble of  containing  two  and  a half  gallons  of  water,  and  shall 
be  marked  wTth  the  owner’s  name,  or  at  least  the  initials  of 
his  name,  and  the  same  shcfll  be  kept  suspended  in  some 
convenient  place,  ready  to  be  delivered  and  used  for  the 
extinguishment  of  fires  w^henever  any  may  occur ; and  every 
owner  or  occupant  of  any  house,  who  shall  neglect  or  refuse 
to  provide  themselves  with  said  fire  buckets,  after  being 
notified  so  to  do  by  any  officer  of  the  City  Police,  or  the  Fire 
Department,  shall  forfeit  and  jiay  the  sum  of  five  dollars  for 


each  and  every  week  of  the  continuance  of  said  refusal  or 
neglect;  and  every  person  having  any  hre  buckets  in  his  or 
her  possession,  who  shall  neglect  or  refuse  to  deliver  them  for 
use  on  an  alarm  of  fire,  shall  forfeit  and  pay  for  every  bucket 
so  retained  the  sum  of  one  dollar. 

As  amend-  Abt.  108.  [XI.]  Xo  person  or  persons  shall  be  allowed 
(Ml  December  to  keep  in  his,  her  or  their  stores,  house  or  houses,  at  any 
G.  1871.  one  time  a larger  quantity  than  twenty-five  pounds  of  gun 
See  Sec  6 fireworks  of  any  kind;  and  any  person  or  persons 

Art.  II,  Titl(3  offending  against  this  section  shall  be  fined  for  each  and 
VII,  of  the  every  pound  of  powder  or  fireworks  found  in  or  upon  their 
Charter  premises,  over  and  above  the  quantity  allowed,  the  sum  of 
one  dollar,  or  in  default  of  payment  of  such  fine,  to  be 
imprisoned  in  the  city  jail  for  the  term  of  fifteen  days. 

Aut.  109.  [Xlll.j  There  shall  be  organized  under  the 
superintendence  of  the  Mayor,  a company  to  be  styled  the 
Fire  Brigade,  to  consist  of  forty  men,  said  Brigade  to  be 
under  the  command  of  the  Mayor  and  assisted  by  an  Assis- 
»ec.  1,  Art.  tant  Engineer  and  the  two  Wardens, — the  Wardens  and 
III,  Title  VII,  Assistant  Engineer,  to  be  elected  by  a majority  vote  of  the 
ot  the  Char-  company,  and  to  serve  for  one  year  from  the  time  of  their 
election;  all  vacancies  in  officers  to  be  filled  by  company 
elections  for  the  unexpired  term.  Said  Fire  Brigade  shall 
be  selected  by  the  Assistant  Engineers  of  the  steam  fire 

engine  companies  and  the  hook  and  ladder  company, 

men  from  each  company.  In  case  of  the  absence  of  either 
Warden  at  a fire,  the  Mayor,  if  present,  and  if  not,  then  the 
Engineer,  shall  appoint  a substitute  for  the  time  being. 
The  Mayor  at  any  fire  shall  be  distinguished  by  wearing  on 
his  hat  on  canvas  the  word  ^^Mayor,^^  as  a symbol  of  his 
office  and  authority ; and  the  badges  of  the  company  hereby 
organized  shall  be,  for  the  Engineer,  a hat  band  of  painted 
canvas  with  the  word  Engineer  painted  thereon ; and  for 
the  Wardens,  a hat  band  of  painted  canvas  with  the  word 
^ ^Warden’’  in  black  letters  upon  a white  ground,  and  for 
privates  a similar  hat  band  of  painted  canvas  with  the 
word  ^^Fire  Police”  in  white  letters  upon  a black  ground. 
Said  company  and  the  officers  thereof  are  to  serve  without 
pay. 

Art.  110.  [XIV.]  The  duties  of  sa<i(J  Fire  Brigade  shall 
extend  to  everything  connected  with  fires  not  belonging  to 
the  Engine  Department,  that  is.  to  say,  the  Mayor  or  Engi- 
neer may  detail  a portion  under  the  command  of  a Warden 
to  serve  as  a police  for  the  protection  of  property,  to  guard 
against  robberies  and  prevent  the  interference  and  inter- 
See/'Sec.  9,  meddling  of  persons  not  belonging  to  the  premises  or  to  the 
VII  service,  to  arrest  suspected  persons,  to  carry  out  goods 

Charter.  other  movables  and  secure  them,  and  generally  to 


27 


do  all  tliat  may  be  deemed  necessary  for  the  safety  and 
protection  of  persons  and  property.  A x^ortion  may  be 
emx)loyed  in  the  use  of  water  buckets  or  other  aids  in  extin- 
guishing condagrations;  others  shall  be  equipj^edand  serve 
as  axe  men,  others  as  a hook  and  ladder  com]3any,  and 
others  may  be  em^doyed  whenever  the  Mayor  shall  deem 
such  course  necessary,  to  arrest  the  x)rogress  of  any  lire,  in 
blowing  ux>  houses. 

Ai^t.  111.  [XV.]  Whenever  it  shall  be  deemed  neces-  See  Sec.  I, 
sary  to  blow  ux>,  or  otherwise  destroy  any  house,  for  the  Title 

j)urx)ose  of  i)reventing  the  extension  of  any  conflagration,  ci^^’i-ter  ^ ^ 
the  order  therefor  shall  be  given  by  the  Chief  or  acting 
Chief  Engineer  after  consultation  with,  and  the  approbation 
of  the  Mayor  5 and  if  the  Mayor  be  not  x>resent,  then  the 
Chief  Engineer  shall  act  ux)oii  his  own  judgment,  and  give 
the  said  order  whenever  it  shall  be  deemed  necessary  and 
proper. 

Art.  112.  [XVI.J  Whenever  forty  persons,  selected  in 
accordance  with  section  thirteen,  shall  have  enrolled  them- 
selves, the  comx^aiiy  shall  meet  for  x)ermanent  organization. 

They  may  make  such  rules  for  their  government  as  they 
may  deem  x)roper,  and  shall  classify  the  men  in  two  squads 
of  twenty  men  each,  numbering  them  one  and  two,  and  the 
Warden  of  each  to  correspond  in  number  with  that  of  his 
squad,  and  to  take  rank  accordingly.  At  all  company 
meetings  the  Assistant  Engineer  shall  preside,  and  if  he  be 
absent  the  Warden  of  squad  number  one,  and  if  he  be  absent 
the  Warden  of  squad  number  two. 

Art.  113.  [XYIL]  TheMayor  shall  procure,  from  time  to 
time,  at  the  exx>ense  ot  the  city,  such  tools,  implements  and 
apparatus  as  may  be  necessary  for  the  equipment  of  said 
Eire  Brigade,  to  enable  them  to  discharge  the  duties  herein 
provided  for,  and  the  said  Mayor  shall  also  provide,  and 
have  safely  kei^t,  the  necessary  amunition  for  blowing  up 
houses. 

Art.  114.  [XYIII.f  During  the  prevalence  of  a fire,  the 
Mayor,  111  addition  to  the  duties  herein  imposed,  shall  have 
full  power  and  authority  to  direct  the  movements  and  labor 
of  said  Fire  Police,  or  any  x)ortion  of  it ; he  shall  also  have 
full  x^ower  and  authority,  and  it  is  made  his  duty,  on  the 
application  of  the  Chief  or  other  Engineer,  or  Foreman  of 
any  of  the  fire  engines,  to  order  and  direct  any  unemxiloyed 
man  who  may  be  in  the  vicinity  of  the  fire,  to  assist  in  work- 
ing the  engines  or  other  apparatus,  and  to  require  his 
obedience  to  the  Foreman  under  whom  he  may  be  placed ; 
and  also  to  render  any  other  aid  or  assistance  in  arresting 
the  conflagration,  which  may  be  required  of  him  by  the 
Chief  Engineer,  or  any  other  officer  of  the  Fire  Department  ,• 


28 


and  if  any  one  be  so  suminoned  and  required,  and  sliali 
refuse  to  perform  the  duty  so  required  of  him,  he  shall  be 
subject  to  a fine  not  exceeding  five  dollars. 

Art.  115.  [XIX.]  Any  person,  other  than  those  inter- 
ested in  the  property  periled  or  threatened  by  fire,  who  may 
interfere  with  the  performance  of  the  duties  of  the  Fire 
Police,  or  any  member  thereof  wearing  his  badge,  shall  be 
liable  to  arrest  and  imprisonment  until  the  fire  sliall  be 
extinguished ; when,  on  hearing  the  cause  of  complaint, 
before  the  Mayor’s  Court,  the  party  accused,  if  found  guilty, 
shall  be  fined  in  a sum  not  exceeding  five  dollars. 

Art.  116.  [XX.]  To  ijrevent  all  misconstruction,  it 
is  hereby  declared  that  it  is  the  true  intent  and  meaniijg  of 
the  preceding  six  sections  to  clothe  the  Mayor  of  the  City,  as 
Chief  Magistrate  thereof,  with  such  power  as  in  the  exercise 
of  a sound  and  reasonable  discretion,  it  may  become  neces- 
sary so  to  act  at  any  fire  to  protect  the  rights  and  property 
of  any  one  or  more  of  the  inhabitants  of  the  City. 


CHAPTEE  XIV. 

FIUES — FIRE  ENGINE  DEPARTMENT. 

As  amend-  ARTICLE  117.  [XXI.]  There  shall  be  chosen  by  the 
ed  Jan.  21,  Fire  Department,  subject  to  approval  of  the  City  Council, 
1867.  and  commissioned  by  the  Mayor,  one  First  or  Chief  Engi- 

See  Art.IIl  neer,  and  one  First  Assistant  En^neer,  one  Second  Assis- 
Engineer,  and  one  Third  Assistant  Engineer ; and  the 
Mayor  shall  commission  one  Foreman,  one  Assistant  Fore- 
man, and  such  number  of  Firemen  as  the  Council  may  deem 
best,  for  every  Engine,  Hook  and  Ladder,  and  Hose  Com- 
pany, that  may  be  now,  or  shall  hereafter  be  formed  and 
organized  in  said  city ; and  these  and  their  successors  shall 
constitute  the  Fire  Engine  Department  of  the  City  of  Gal- 
veston. 

See  Art.  Ill  Art.  118.  [XXII.j  The  Chief  Engineer  shall  command 
Title  VII,  of  the  Fire  Engine  Department.  It  shall  be  his  duty,  with  the 
the  Charter.  apparatus  under  his  command,  to  prevent  the  de- 

struction of  buildings,  vessels,  and  property,  by  fire, 
within  the  City  of  Galveston  ; and  he  shall  exercise  full  au- 
thority in  the  premises,  according  to  such  Ordinances  as  the 
City  Council  have,  or  may  hereafter  ordain;  and  the  Chief 
Engineer  and  Department  shall  be  responsible  only  to  the 
City  Council  for  their  official  acts  and  conduct.  The  Chief 


29 


Engineer  shall  be  empowered,  and  it  shall  be  his  duty,  to  amend- 
call  out  the  entire  Eire  Engine  Department  twice  in  each 
year,  for  a general  inspection  of  the  Engines,  Trucks,  Apx^a-  ^ 
ratus  and  Equixmients,  and  for  the  washing  of  the  Engines; 
and  it  shall  further  be  his  duty  to  make  a report  of  each  in- 
spection to  the  City  Council  semi-annually,  in  May  and  ISTo- 
vember  in  each  year,  which  report  shall  contain  a return  of 
the  i)roi3erty  of  the  city  in  the  x)ossession  of  each  Company, 
and  shall  further  contain  an  account  of  the  services  rendered 
by  the  Department,  and  the  manner  in  which  the  several 
Com|)anies  have  discharged  their  duty. 

The  Chief  Engineer  shall  further  have  the  power  to  sus- 
l)end  any  one  Comjjany,  for  one  month,  for  neglect  of  duty, 
or  refusal  to  obey  his  orders  and  report  the  same  to  the 
Council,  who  may  order  said  Com^jany  to  be  disbanded  by 
resolution. 

Aut.  119.  [XX  III.]  It  shall  be  the  duty  of  the  Second 
Engineer  to  execute  all  orders  that  may  be  given  him  by  the 
Chief  Engineer,  in  the  extinguishing  of  fires,  and  in  the  ab- 
sence of  the  Chief  Engineer  he  shall  assume  and  take  com- 
mand of  the  Fire  Department,  and  act  as  the  Chief  Engineer, 
and  he  shall  be  governed  by  the  same  Ordinances  and  Laws 
that  govern  the  Chief  Engineer  while  in  command. 

Art.  120.  [XXIV.]  It  shall  be  the  duty  of  the  Third 
Engineer  to  execute  such  orders  as  he  may  receive  from  the 
First  and  Second  Engineers,  in  the  extinguishing  of  fires; 
and  in  the  absence  of  the  First  and  Second  Engineers,  he 
shall  command  the  Fire  Department,  and  shall  be  governed 
by  the  same  Ordinances  that  govern  the  First  and  Second 
Engineers  while  in  command. 

Art.  121.  [XXV.]  It  shall  be  the  duty  of  the  Foreman  Approved 
of  every  Engine,  Hook  and  Ladder,  and  Hose  Company,  Jwb  16,  i860, 
upon  an  alarm  of  fire,  to  repair  to  the  fire,  with  the  Comjjany 
and  Ax^paratus  under  his  command  and  there  to  receive  and 
execute  such  orders  as  may  be  given  him  by  the  First,  Sec- 
ond and  Third  Engineers  in  the  extinguishing  of  the  fire ; 
and  it  shall  be  the  further  duty  of  the  Foreman  to  see  that 
the  Engine  and  Truck  Houses,  Equipments,  &c.,  in  the  pos- 
session of  the  Company  under  his  command,  are  at  all  times 
in  x>i*oper  order  and  condition  for  immediate  use,  and  that 
the  same  are  kex:>t  neat  and  clean  at  all  times.  He  shall  also 
Xoreserve  order  and  discipline  in  his  Company  when  on  duty, 
and  enforce  a strict  observance  of  the  City  Ordinances  re- 
lating to  the  Fire  Engine  Department.  He  shall  cause  exact 
rolls  to  be  kept  of  the  members  of  his  Company,  and  keep  a 
Eecord  Book  of  the  prox^erty  of  the  city  entrusted  to  said 
Comx)any,  which  book  shall  be  opened  at  all  times  to  the 
inspection  of  the  City  Council^  through  their  Committee,  or 


30 


any  of  the  Engineers  in  command.  A Blank  Book,  for  the 
keeping  of  such  Record,  shall  be  furnished  to  each  Company 
by  the  City  Clerk. 

Art.  122.  |XXVI.J  It  shall  be  the  duty  of  the  Assistant 
Foreman  of  every  Company  to  execute  such  orders  as  may 
be  given  him  by  the  Foreman  in  the  extinguishment  of  fires, 
or  in  putting  in  order,  and  in  keeping  in  good  repair,  the 
Apparatus  in  the  possession  of  the  Company  to  which  he 
may  belong ; and  in  the  absence  of  the  Foreman  he  shall 
act  as  Foreman  of  the  Comi)any,  and  shall  be  governed  by 
all  such  Ordinances  of  the  City  Council  and  By-Laws  of  the 
Company,  as  the  Foreman  is  bound  to  observe  while  in  com- 
mand of  the  Company. 

Art.  123.  [XXVII.]  It  shall  be  the  duty  of  every  Fire- 
man belonging  to  the  Fire  Department  to  pay  due  obedi- 
ence to  all  orders  he  may  receive  from  the  Foreman  or  As- 
sistant Foreman  of  the  Company  to  which  he  is  attached ; 
to  observe  and  be  governed  by  all  the  Ordinances  6f  the  City 
Council,  and  By-Laws  and  Regulations  of  the  Company  to 
which  he  belongs ; but  he  shall  not  be  bound,  while  on  duty, 
to  obey  any  order  except  it  come  from,  or  through,  the  Fore- 
man or  Assistant  Foreman  of  the  Comj)any  to  which  he  be- 
longs. 

Art,  124.  [XXVIII.]  All  communications  from  the  City 
Council  shall  be  made  by  and  through  the  Engineers  in  com- 
mand, and  the  Chief  Engineer  shall,  at  least  once  in  each 
year,  report  to  the  City  Council  the  general  condition  of  the 
Fire  Department,  of  the  Apparatus  and  Property  belonging 
to  it;  the  number  of  fires  that  have  taken  place,  and,  as  near 
as  may  be,  the  amount  of  property  destroyed ; and  it  shall 
be  his  right  and  duty  to  make  such  suggestions  and  recom- 
mend such  measures  as  he  may  deem  best  for  the  action  of 
the  City  Council  in  regard  to  the  Fire  Department. 

Art.  125.  |XXIX.]  The  City  Council  shall  have  the 
right,  at  any  time,  to  remove  and  put  out  of  the  Department 
any  member  of  it ; and  when  any  vacancy  shall  occur  among 
the  Engineers  by  removal  or  otherwise,  the  Foreman  and 
Assistant  Foreman  shall  meet,  and,  by  ballot,  select  such 
person  as  they  wish  appointed  ; and  the  name  of  the  person 
so  selected  shall  be  sent  to  the  City  Council  for  appointment ; 
and  if  i he  City  Council  should  refuse  to  appoint  the  person 
so  selected,  then  they  shall,  by  ballot,  select  some  other  per- 
son, whose  name  shall  be  sent  to  the  Council  for  apj^oint- 
ment,  as  in  the  first  instance ; and  when  the  office  of  Foreman 
or  Assistant  Foreman  shall,  by  removal  or  otherwise,  be 
vacant,  the  members  of  the  Company  in  which  the  vacancy 
occurs  shall  meet,  and,  by  ballot,  select  some  person  to  fill 
the  office ; and  the  name  of  such  person  so  selected  shall  be 


Si 


sent  to  the  City  Council  to  he  commissioned.  If  any  person 
wishes  to  become  a member  of  any  Department,  he  shall 
make  application  to  the  Company  he  wishes  to  join  ; and  if 
a majority  of  said  Company  shall  approve  of  his  becoming  a 
member,  then  his  name  shall  be  sent  to  the  City  Council  for 
appointment. 

Akt.  126.  [XXX.f  Every  member  of  the  Eire  Depail- 
ment  shall  provide  himself  with  a good  leather  fireman’s 
cap,  Yv^hich  he  shall  wear  when  on  duty.  The  Engineers’ 
caps  shall  be  painted  white,  with  their  rank  painted  on  the 
front.  Any  Company  may  direct  what  color  their  caps  may 
be  j)ainted,  but  the  Foreman  and  Assistant  Foreman  shall 
have  their  rank  painted  on  their  caps,  and  the  members  of 
their  Company  and  the  firemen  shall  have  the  number  of 
their  Company  painted  on  the  front  of  their  caps. 

Art.  127.  | XXXI.]  All  expenditures  in  and  about  the 
repair  of  the  Fire  Engines,  or  any  of  the  Apparatus,  shall  be 
made  under  the  direction  of  the  Chief  Engineer;  and  all 
accounts  for  such  repairs,  or  for  the  purchase  of  materials, 
or  other  necessary  articles,  shall  be  certified  by  him  as  cor- 
rect, and  shall  then  be  filed  with  the  City  Clerk,  to  be  by 
him  presented  to  the  Board  for  allowance. 

Art.  128.  [I.J  Xo  person  shall,  under  any  pretext  what-  Approved 
ever,  take  or  use  any  of  the  implements,  tools,  or  apparatus, 
belonging  to  any  of  the  several  Companies  of  the  Fire  De- 
partment, without  first  obtaining  the  consent  of  the  Chief 
Engineer;  and  it  shall  be  the  duty  of. ever;,'  Fireman,  know- 
ing of  any  such  offence,  to  report  the  same  to  his  Foreman, 
and  said  Foreman  to  make  complaint  to  the  Chief  of  Police, 
who  shall  take  action  in  the  matter;  and  for  every  violation 
of  this  Ordinance,  the  person  guilty  of  such  violation  shall  be 
subject  to  a fine  of  not  less  than  two  nor  more  than  ten 
dollars. 

Art.  129.  [I.]  There  shall  be  organized  a Company  of  Ap])roved 
Axemen,  to  consist  of  a Foreman,  two  Assistants,  and^Pi^l 
twenty -four  members,  which  shall  form  a part  of  the  Fire 
Department,  and  be  under  the  superintendence,  control  and 
command  of  the  Chief  Engineer,  and  shall  be  subject  to  the 
same  rules,  regulations  and  restrictions  as  the  Engine  and 
Hook  and  Ladder  Companies. 

Art.  130.  [II.]  Said  Company  of  Axemen  shall  be  equip- 
ped by  and  under  the  direction  of  the  Mayor,  for  service. 

Art.  131.  [L]  Eacing  to  and  from  fires  is  not  allowed  Approv^‘<i 
under  any  circumstances,  under  penalty  of  dismissal,  and  Jan.  9,  1868 
if  the  apparatus  of  several . Companies  are  proceeding  on 
the  same  street  to  or  from  a fire  they  shall  do  so  in  single 
file. 


32 


Art.  132.  [II.J  Any  driver  of  a Steam  Engine,  or  Hose 
Cart,  or  Hook  and  Ladder  Comiiany,  or  any  other  apparatus 
belonging  to  a lire  Company,  who  carelessly  or  willfully 
come  into  collision  with  any  other  vehicle  while  going  to 
or  from  a fire,  or  any  alarm  of  fire,  shall  be  held  responsi- 
ble for  all  damages  that  may  occur. 

Art.  133.  [HI.]  All  drivers  shall  at  all  times  see  that 
their  horses  are  properly  secured  and  protected. 

Art.  134.  [IV.  | All  Companies  of  tne  Fire  Department 
shall  be  furnished  with  a copy  of  the  Fire  Ordinance,  and 
rules  and  regulations,  which  shall  be  framed  and  placed  in 
their|houses.  It  shall  be  the  duty  of  the  Officers  and  mem- 
bers of  the  Department  to  conform  to  the  regulations  and 
perform  all  the  duties  herein  required. 

Art.  135.  [Y.]  All  Officers  and  Members  of  the  De- 
partment are  strictly  forbidden  to  make  any  purchases  for 
the  Department  except  by  the  direction  of  the  Mayor,  Fire 
Department  Committee,  and  Chief  Engineer. 

Art.  136.  |VI.]  If  any  driver  of  a Steam  Engine,  or 
Hose  Carriage,  or  Hook  and  Ladder  Company,  shall  care- 
lessly drive  over  any  hose,  unless  it  cannot  x>ossibly  be 
avoided,  shall  be  subject  to  dismissal  from  the  Department. 

Approved  Art.  137.  [I.]  The  Foremen  attached  to  the  several 
April  1, 1867.  Steam  Fire  Engines,  are  required  to  exercise  their  horses 
daily  in  hauling  shells  and  sand,  and  at  such  work  as  may 
be  directed  by  the  Fire  Department  Committee,  to  leave 
their  wagons  on  the  siiot  when  they  hear  the  alarm  of  Fire, 
and  to  resume  their  work  after  the  fire  is  extinguished. 
During  the  working  of  the  Engine  at  fires  or  washings,  no 
liquor  of  any  kind  shall  be  allowed  around  the  Engine  to 
the  Engineer  or  Firemen;  and  it  is  the  specified  duty  of  the 
Officer  in  charge  of  the  Engine,  to  see  that  this  order  is 
implicitly  obeyed.  The  maximum  of  steam  required  on  all 
ordinary  occasions  shall  not  exceed  80  pounds,  and  if  at 
any  time  an  extra  quantity  of  steam  is  required,  the  Officer 
in  charge  of  the  Steam  Engine  will  notify  the  Chief  Engi- 
neer of  the  same. 

Approved  Art.  138.  [I.]  The  Mayor  be,  and  is  hereby  authorized 
June  7,  1869.  to  purchase  blacksmiths  "tools,  and  all  suitable  material 
necessary  for  the  repairs  of  Engines  and  all  other  City 
work,  to  be  placed  in  the  house  in  the  rear  of  the  one  now 
occupied  by  Steam  Engine  No.  2,  the  same  to  be  made  into  a 
shop  of  repairs ; the  said  shop  to  be  placed  in  charge  of 
First  Engineer  of  Steam  Engine  No.  2,  who,  Avith  his  assist- 
ant, shallberequired  to  do  all  the  City  work,  and  be  held  ac- 
countable for  receipts  and  disbursements  of  same;  that  the 
cost  of  the  blacksmiths  tools  used  in  the  shop  of  repairs 
shall  not  exceed  $250. 


1 

33 

Art.  139.  [II.]  The  Mayor  be  and  is  hereby  authorized 
to  sell  the  house  and  lot  on  Mechanic  street^  now  occupied  by 
Washington  Fire  Engine  Company,  and  to  contract  for  the 
building  of  an  Engine  House  for  the  same  company  on  the 
end  of  the  building  known  as  a fish  market,  occupying  as 
much  of  the  end  of  the  market,  facing  Strand,  as  may  be 
deemed  necessary,  erecting  on  said  building  a bell-tower 
and  placing  the  Town  Clock  in  same  *,  for  the  payment  of 
which  building  he  be  authorized  to  appropriate  the  sum  not 

exceeding hundred  dollars,  from  proceeds  of  sale  of 

said  Engine  House,  and  the  balance  of  the  money,  or  so 
much  thereof  as  may  be  neeessary,  to  be  expended  in 
putting  all  the  Steam  and  Hand  Engines  in  complete  order 
and  repair ; that  no  sale  of  old  house  or  contract  for  new,  be 
made  without  the  consent  of  the  Mayor  and  Board  of 
Aldermen. 


CHAPTEE  XY. 

FIRES — FIRE  LIMITS. 

Article  140.  |I|  It  shall  not  be  lawful  to  erect,  build, 
place,  move,  enlarge  or  repair,  or  to  commence  to  erect,  ^ ^ • 

build,  place,  move,  enlarge  or  repair,  any  wooden  building, 
or  any  building  whatsoever  constructed  of  wood,  or  with  a 
wooden  roof,  in  this  city,  between  the  following  boundaries : 

Avenue  A on  the  north,  and  the  alley  between  Avenue  E As  amend- 
(or  Postoffice  street,)  and  F (or  Church  street)  on  the  south;  x87i 
Eighteenth  street  on  the  east  and  Bath  Avenue  on  the  west. 

Xor  shall  any  person  move  any  wooden  building  into  the 
space  bounded  by  said  streets  and  avenues,  nor  remove  any 
wooden  building  from  one  place  to  another  within  said 
limits. 

Art.  141.  [II.]  Each  and  every  buildiDg,  of  any  size  or 
kind,  hereafter  erected  within  said  limits,  shall  have  walls 
and  roof  constructed  of  fire  proof  materials,  using  for  walls 
brick,  stone,  concrete  or  iron,  and  for  roof  slate,  tin  or  iron. 

Art.  142.  [III.]  Whenever  any  wooden  building,  now  See  Art.  I, 
standing  within  said  limits,  shall  be  damaged  by  fire,  the  Title  VII,  of 
rebuilding  or  repairing  of  the  same  is  hereby  prohibited,  Charter, 
unless  the  owner  shall  first  obtain  a permit  from  the  Mayor 
of  the  city  ; and  before  the  Mayor  shall  issue  any  such  per- 
mit, he  shall  cause  the  said  building  to  be  inspected  by  three 
disinterested  iiersons,  who  shall  ajipraise  the  damage  on  the 
same ; and  if  they  shall  appraise  the  damage  to  said  build- 
ing to  be  fifty  per  cent,  of  its  value  before  the  fire,  or  more, 
no  permit  shall  be  granted.  The  cost  of  appraisement  shall 
be  paid  by  the  owner. 


34 


Art.  143.  [IV.J  That  when  any  building  shall,  from 
age  and  neglect,  become  dilapidated,  the  same  is  hereby 
declared  a nuisance;  and  on  complaint  being  made  to  the 
Mayor  of  any  such  building,  he  shall  cause  the  same  to  be 
inspected  by  three  disinterested  persons,  free-holders  in  the 
city,  and  if  the  same  be  reported  by  the  inspectors  to  be 
in  a dilapidated  condition,  if  the  said  house  be  in  the  fire 
limits,  and  a wooden  house,  the  Mayor  shall  cause  it  to  be 
removed  or  pulled  down,  as  he  may  deem  best,  giving  ten 
days’  notice  to  the  owner  to  remove  or  dispose  of  the  same, 
so  that  the  nuisance  be  abated ; if  said  house  be  outside  the 
limits  fixed  by  this  Ordinance,  the  Mayor  shall  require  the 
owner  to  repair  the  same,  or  abate  it,  within  time  to  be  fixed 
in  the  notice;  and  if  the  owner,  after  notice,  fail  or  refuse 
to  repair  or  abate  the  house  within  the  time  fixed,  it  shall 
be  abated  by  the  proper  officers  of  the  city,  on  the  order  of 
the  Mayor, — all  expenses  to  be  paid  by  the  owner  of  the 
property. 

Art.  144.  [V.]  That  whenever  any  wooden  building, 
within  the  limits  fixed  in  the  first  section  of  this  Ordinance, 
shall  be  complained  of  as  dangerous  to  the  contiguous 
buildings,  or  as  likely  to  cause  fire,  the  same  shall  be  in- 
spected, as  hereinbefore  provided  in  case  of  dilapidated 
^ buildings ; and  if  the  inspectors  shall  report  the  building 

complained  of  to  be  dangerous  to  contiguous  buildings,  or 
as  likely  to  cause  or  promote  fires,  the  same  shall  be  deemed 
and  held  to  be  a nuisance,  and  the  Mayor,  after  ten  days’ 
notice  to  the  owner  to  remove  or  abate  the  nuisance,  shall 
cause  the  same  to  be  pulled  down  or  removed,  at  the  expense 
of  the  owner. 

Art.  145.  [VI.]  Any  person  who  shall  violate  the  pro- 
visions of  the  First  Section  of  this  Ordinance,  shall  be  fined 
in  the  sum  of  One  Hundred  Dollars  for  the  first  oftence,  and 
Two  Hundred  Dollars  for  the  second  and  each  subsequent 
offence ; and  if  said  fine  is  not  paid,  the  person  convicted 
shall  be  imprisoned,  and  may  be  required  to  w^ork  on  the 
streets  for  sufficient  time  to  pay  off  said  fine  at  the  rate  of 
Two  Dollars  per  day. 

Art.  146.  [VII.J  Any  person  violating  the  provisions 
of  the  Third  Section  of  this  Ordinance,  shall  be  fined  in  the 
sum  of  One  Hundred  Dollars ; and  should  said  fine  not  be 
paid,  the  person  convicted  shall  be  imprisoned,  and  may  be 
required  to  work  on  the  streets  of  the  city  for  fifty  days, 
and  the  same  penalty  shall  be  imposed  for  each  offence. 

See  Art.  YI  Art.  147.  [VIII.]  All  fines  collected  under  this  Ordi- 
Titie  VII,  of  uance  in  money,  shall  be  paid  to  the  Treasurer  of  the  Fire- 
the  Charter,  jj^en’s  Eelief  Association,  for  the  use  and  benefit  of  said 
Association. 


35 


Art.  148.  [IX.]  If  the  owner  of  any  wooden  house.  As  amend- 
damaged  by  fire,  shall  desire  to  repair  the  same,  he  shall  e<i  Nov.  *21, 
notify  the  "Mayor  in  writing,  stating  the  locality  of  said^^^^* 
building,  and  that  it  is  within  the  limits  fixed  by  this  Ordi- 
nance, whereupon  the  Mayor  shall  appoint  three  disinter- 
ested persons,  house-holders  in  the  city,  who  shall  inspect 
the  said  damaged  building,  and  appraise  the  same,  and  the 
damage  thereto,  and  make  report  of  the  same  to  the  Mayor 
in  writing,  under  oath ; and  if  it  shall  appear  from  said 
ai)praisement  that  the  said  building  has  been  damaged  by 
fire  to  the  extent  of  fifty  per  cent,  of  its  value,  the  Mayor 
shall  issue  an  order  prohibiting  the  repairing  of  said  build- 
ing, and  thereafter  the  said  building  shall  not  be  repaired. 

Art.  149.  [X.]  All  other  Ordinances  fixing  the  limits 
in  which  wooden  buildings  shall  not  be  erected,  and  all 
Ordinances  conflicting  with  the  provisions  of  this  Ordinance, 
be  and  the  same  is  hereby  repealed,  and  that  this  Ordinance 
take  effect  and  be  in  force  from  and  after  its  publication ; 

Provided,  however,  that  houses  in  construction  on  the 
South  side  of  Avenue  E,  or  Postoffice  street,  and  between 
Iwenty-Fourth  and  Twenty-Fifth  streets,  are  exemx)ted  from 
the  force  of  this  Ordinance. 

Art.  150.  [XI.]  It  shall  be  the  duty  of  the  Chief  of 
Police  to  designate  one  of  the  police  force,  to  be  confirmed 
by  the  Mayor,  whose  duties  it  shall  be  to  enforce  all  ordi- 
nances for  the  prevention  and  spread  of  fires.  This  police- 
man, or  the  Chief  of  Police,  shall  be  required  to  visit  and  in- 
spect all  buildings  in  process  of  construction  within  the  fire 
limits,  and  see  that  such  buildings  are  constructed  in  ac- 
cordance with  the  provisions  of  all  ordinances  relating  there 
to.  They  shall  investigate  and  report  to  the  Mayor  the 
cause  and  origin  of  all  fires  occurring  within  the  city.  They 
shall  be  authorized  and  required  to  enter  all  buildings 
within  the  corporate  limits  of  the  city,  to  ascertain  the  ar- 
rangement and  condition  of  flues,  stove  pi}3es,  &c.,  and 
see  that  all  x>rovisions  of  Ordinances  relating  thereto  be 
enforced. 


CHAPTEE  XVI. 

GAS. 

Article  151.  [I.]  Alfred  F.  James,  and  Ephraim  Me-  j^^ssed  Dec 
Lean,  and  such  persons  as  they  may  hereafter  associate  with  3, 1855.  ^ 

them,  their  successors,  and  assigns,  be  and  are  hereby  author- 
ized to  use  the  streets,  lanes,  alleys  and  public  grounds  of  said 
city  for  the  term  of  twenty-five  years,  for  the  purpose  of 


36 


laying’  down  in  the  streets,  lanes,  alleys  and  public  grounds, 
pipe  for  the  conveyance  of  Gas  in  and  through  said  city,  for 
the  use  of  said  city  and  its  inhabitants ; Provided,  said  Gas 
pipes  shall  not  interfere  with  the  drainage  of  the  city  by 
the  necessary  construction  of  sewers,  or  other  underground 
fixtures  for  the  conveyance  of  water  within  said  city.  Nor 
shall  the  inhabitants  thereof  be  liable  for  damages  for  the 
necessary  disturbance  of  said  pipe  on  account  of  any  im- 
provements in  the  drainage  of  streets,  lanes,  alleys,  or 
public  grounds  of  said  city,  or  in  the  construction  of  any 
public  work ; Provided,  further,  That  the  works  for  gener- 
ating Gas  shall  not  be  erected  East  of  Thirty-first  street,  in 
the  city  of  Galveston. 

Art.  152.  fll.J  Whenever  the  said  Alfred  F.  James  and 
Ephraim  McLean,  and  their  associates,  successors,  and 
assigns,  shall  at  any  time  propose  to  open  any  street,  lane, 
alley,  or  public  ground,  for  the  purpose  of  laying  down 
Gas-pipe,  they  shall  give  the  City  Surveyor,  or  the  Mayor 
of  said  city  if  there  be  no  City  Surveyor,  three  day’s  notice 
thereof,  and  shall  not,  during  the  progress  of  the  work, 
unnessarily  obstruct  the  passage  of  said  streets,  &c.  And 
further,  they  shall,  within  a reasonable  time,  repair  such 
parts  of  any  street,  lane  or  alley,  as  they  may  have  broken 
up  for  such  purpose,  in  such  manner  as  shall  be  acceptable 
to  the  proper  corporate  authorities  of  said  city. 

Art.  153.  [111.]  In  consideration  of  the  privileges 
granted  to  Allred  F.  James  and  Ephraim  McLean,  their 
associates,  successors  and  assigns,  they  shall  furnish  to  the 
said  city,  if  required,  upon  the  streets,  lanes  and  public 
grounds,  in  or  through  which  the  leading  or  main  pipes 
shall  be  laid  for  the  purpose  of  supplying  the  citizens  with 
Gas,  such  quantity  of  Gas  as  may  be  required  by  the  City 
Council  for  x^ublic  lamps,  at  a price  not  exceeding  that 
charged  to  x>rivate  individuals,  by  this  or  any  other  company 
hereafter  to  be  established,  which  Gas  whenever  required 
by  said  city,  said  corporate  authorities  shall  take  from  said 
Alfred  F.  James  and  Ephraim  McLean,  their  associates,  suc- 
cessors*and  assigns,  the  lamp-posts,  meters  and  lamps,  being 
furnished  at  the  expense  of  the  city. 

Art.  154.  |IV.]  Said  Alfred  F.  James  and  Ephraim 
McLean,  their  associates,  successors  and  assigns,  shall  be, 
and  are  hereby  authorized  to  charge  the  inhabitants  of  said 
city,  for  the  Gas  furnished  by  them,  not  exceeding  seven 
dollars  for  every  one  thousand  feet. 

Art.  155.  [V.]  Temx)orary  failure  on  the  part  of  said 
Alfred  F.  James  and  Ej)hraim  McLean,  their  associates, 
successors  and  assigns,  to  perform  any  of  the  conditions 
exacted  of  them,  when  such  failures  are  occasioned  by  acci* 


37 


dent  or  otherwise  untoward  events,  shall  not  work  a forfeit- 
ure of  their  privilege,  x^rovided  such  accidents  or  events  be 
remedied  or  rex^aired  within  a reasonable  time. 

Art.  156.  [VI.J  That  the  Mayor  be  authorized  and 
required  to  enter  into  a written  contract  on  the  part  of  the 
corx)oration  of  the  City  of  Galveston  with  the  x>arties  before 
mentioned,  under  and  in  accordance  with  the  xR'ovisions  of 
this  Ordinance,  and  for  the  purpose  of  carrying  out  the 
X)rovisions  of  the  same ; and  this  Ordinance,  and  the  con- 
tract to  be  entered  into  by  virtue  thereof,  shall  be  considered 
as  ax^x^^yi^^^  1^  and  such  other  persons  as  they 

may  from  time  to  time  associate  with  them.,  their  successors 
and  assigns  ; and  in  case  said  persons  shall  procure  an  act 
of  incoiporation  from  the  Legislature  of  the  State  of  Texas, 
in  relation  to  the  x^i^Rpt^ses  herein  contemx^lated,  then  this 
Ordinance  and  the  contract  herein  contemx)lated,  shall  be 
ax^xdicable  to,  and  considered  as  if  made  with  such  corporate 
body, 

Art.  157.  [L]  Any  person,  association,  or  incorxtora-  Pass^aM 
tion,  that  may  hereafter  erect  and  establish  Gas  Avorks,  to  3, 1858. 
light  the  dwellings  and  buildings  of  the  inhabitants  with  Gas, 
be  and  are  hereby  authorized  to  use  the  streets,  alleys  and 
Xiublic  grounds  of  said  city,  for  the  xmipose  of  laying  down 
beneath  the  surface  thereof,  pipe  for  the  con  Abeyance  of  Gas 
in  and  through  the  said  city,  for  the  use  of  said  city  and  its 
inhabitants;  Provided,  that  said  Gas-pixDes  shall  not  inter- 
fere with  the  drainage  of  said  city,  by  the  necessary  construc- 
tion of  sewers,  or  other  underground  fixtures,  as  recex^tacles 
for  water,  or  for  the  conveyance  of  Avater  Avithin  said  city. 

Nor  shall  the  inhabitants  thereof  be  liable  in  damages  for  the 
necessary  disturbance  of  said  x^ip^?  reasons  of  any  im- 
provement in  the  drainage  of  streets,  alleys  or  public 
grounds ; Provided,  further,  That  the  x>erson,  association 
or  incorporation,  so  using  said  streets,  alleys  or  xniblic 
grounds,  shall  not  obstruct  the  x^^issage  thereof,  or  of  the 
side  walks,-Avhile  laying  down  said  pixie,  that  they  shall  not 
break  or  open  any  such  street,  alley  or  ground,  to  any  greater 
extent  than  it  may  be  necessary  to  laydown  the  pipe^already 
on  the  ground,  and  shall  immediately  repair  said  street,  alley 
or  ground,  and  fill  uxi  any  such  excavation  to  the  satisfac- 
tion of  the  Committee  on  Streets  and  Alleys. 

Art.  158.  [II.  | Whenever  any  such  person,  or  incorpo- 
ration shall  prox>ose  to  oxien  any  street,  alley  or  public 
ground,  for  the  xmrpose  of  laying  down  Gas-xiqie,  two  days’ 
notice  of  such  intention  shall  be  given  to  the  Mayor  before 
such  work  shall  be  commenced,  who  shall  issue  a permit  for 
such  x^Rrpose,  without  which,  no  street,  alley  or  public 
ground,  shall  be  so  opened. 


38 


Art.  159.  [III.]  The  corporation  of  the  City  of  Galves- 
ton, will,  in  the  purchase  of  Gas  for  the  public  lamps,  give 
preference  to  the  person,  association  or  incorporation,  who 
shall  first  complete  the  required  Gas  works  to  supply  the 
inhabitants  with  Gas,  provided  that  the  imice  to  be  charged 
shall  Dot  exceed  that  charged  to  individuals. 

Art.  160.  [IV.]  It  shall  not  be  lawful  for  any  person, 
association  or  incorporation,  to  establish  or  erect  any  Gas- 
ometer, or  other  building  for  generating  Gas,  east  of  Thirty- 
First  street. 


CHAPTEE  XVII. 

HACKS,  DRAYS  AND  OTHER  VEHICLES. 

Approved  ARTICLE  161.  [I.]  Xo  person  shall  run  or  cause  to  run 
Dec.  4, 1865.  within  the  limits  of  the  City,  any  coach,  hack,  hackney  coach, 
cab,  cart,  dray,  timber  carriage,  or  other  carriage  or  vehicle 
See  Sec.  2,  for  hire  for  the  transportation  ol  persons,  produce,  effects, 
Art.  Ill,  Title  merchandise  and  other  articles  generally  whatever,  without 
V,  of  the  flrgt:  obtaining  a license  therefor  from  the  City  Clerk  for 
c larter.  each  of  the  above  carriages  or  vehicles ; and  before  pro- 
See  Chapt.  mch  license,  such  person  or  persons  shall  first  enter 

41,  on  License  into  bond  payable  to  the  Mayor,  Aldermen  and  Inhabitants 
Tax.  of  the  City  of  Galveston,  with  two  or  more  good  and 

See  Sec.  18,  sufficient  Sureties,  in  the  penal  sum  of  five  hundred  dollars. 
Art.  Ill,  Title  approved  by  the  Mayor  conditioned  for  the  payment- 

charter  ^ penalties  and  damages,  which  said  person  or  persons 

may  incur  or  be  liable  to  pay,  under  any  By-Law  or  Ordi- 
nance of  the  city  now  in  force,  or  that  shall  hereafter  be 
enacted;  Provided,  that  licenses  may  be  issued  to  Livery 
Stable  keepers  of  this  city,  to  run  single-horse  buggies 
without  giving  bond ; and  every  person  or  persons  who  shall 
See  Sec.  49,  foil  to  obtain  the  license,  as  herein  required,  and  execute 
Chapt.  41,  on  bond,  shall  be  subject  to  pay  a fine  of  not  less  than  one  half 
License  Tax.  of  annual  tax  which  he,  she,  or  they,  should  have  paid, 
which  fine  shall  be  imposed  for  each  and  every  month  that 
said  license  tax  shall  remain  unpaid  after  the  first  conviction; 
and  the  person  or  persons  in  whose  name  a license  is  taken 
out  under  this  section,  shall  be  considered  or  held  as  the 
owner  or  owners  thereof,  and  liable  to  the  payment  of  all 
forfeitures,  penalties,  damages,  by  the  provisions  of  this 
Ordinance  imposed. 

See  Chapt.  ART.  162.  [II.]  The  licenses  to  be  issued  by  the  Mayor 
41, 0 1 LiccDse  under  the  Corporate  seal,  and  the  City  Clerk  shall  cause  to 
be  inserted  in  a book,  which  he  shall  keep  for  that  purjicse 
in  his  office,  the  names  of  each  proprietor  of  carriages  and 
vehicles,  above  designated  ; the  number  of  each  license 


39 


which  shall  he  delivered,  and  the  designation  of  each  species 
of  carriage  or  vehicle  for  which  such  license  shall  be  deliv- 
ered. 

Art.  163.  [III.]  The  term  of  each  of  said  licenses  shall 
expire  on  the  thirty-first  day  of  December  of  each  and  every  Li<^ense  Tax? 
year,  and  must  afterwards  be  renewed  on  the  first  (1st)  day 
of  January  of  each  year ; and  any  and  all  persons  failing  so 
to  renew  their  license,  as  aforesaid,  are  hereby  prohibited 
from  ruiining,  or  causing  any  such  carriage  or  vehicle  to  be 
run,  until  they  shall  have  renewed  their  license,  as  is  by  the 
present  Ordinance  required,  under  the  penalty  of  ten  dollars 
for  each  and  eveiy  time  he,  she,  or  they,  shall  cause  to  be 
run  any  vehicle  or  carriage,  as  aforesaid. 

Art.  164.  [IV.J  The  license  to  run  any  such  dray,  cart, 
wagon,  coach,  hackney  coach,  or  other  carriage  or  vehicle, 
shall  be  paid  for  yearly  in  advance  to  the  proper  officers  at 
the  rate  prescribed  by,  and  in  conformity  with  the  provisions 
of  the  Ordinance  providing  for  a uniform  rate  of  license  tax, 
approved  July  5th,  1871.  Every  dray,  cart,  wagon,  coach,  See  Sec.  S5 
hackney  coach,  carriage,  or  other  vehicle,  licensed  as  afore-  License  Tax? 
said,  shall  have  the  number  of  the  license  as  furnished,  and 
the  name  of  the  owner  fixed  on  some  conspicuous  part 
thereof,  so  that  it  can  at  all  times  be  seen  ; and  every  hack, 
coach,  carriage,  cab,  omnibus,  or  other  vehicle  for  the  con- 
veyance of  passengers,  when  driven  or  used,  or  waiting  and 
standing  for  use,  on  any  public  street  or  place  in  the  night 
time,  whthin  said  city,  shall  have  fixed  upon  some  conspic- 
uous part  of  each  of  the  outsides  thereof,  a lighted  lamp, 
with  plain  glass  fronts  and  sides,  with  the  number  of  the 
license  painted  with  colors  to  be  designated  annually  by  the 
City  Treasurer,  on  the  sides  and  fronts  of  each  of  said  lamps, 
in  distinct  and  legible  figures,  not  less  than  two  inches  in 
size,  and  so  x^laced  that  said  numbers  and  lamps  may  be 
distinctly  seen  from  the  inside  and  outside  of  such  vehicle; 
and  shall  have  a card,  furnished  by  the  city  at  the  expense 
of  the  owner,  containing  the  prices  and  rates  of  fare  allowed 
by  this  Ordinance,  and  the  name  of  the  owner ; and  said 
card  shall  altrays  l3e  kept  framed  and  t>osted  right  side  up 
in  some  conspicuous  place  in  each  vehicle,  so  that  the  same 
can  be  easily  seen  and  read  by  the  passengers  at  all  times; 
and  any  person  or  persons  running  an^^  such  vehicle  for  the 
purposes  herein  contained,  without  complying  literally  with 
its  provisions,  shall  pay  a fine  of  not  less  than  ten,  nor  more 
than  one  hundred  dollars,  for  each  and  every  contravention. 

Art.  165.  [Y.]  Every  person  who  shall  take  out  a 
license,  as  hereinbefore  directed,  shall  be  responsible  for  all 
persons  who  shall  run  with  his  number  or  license,  unless  a 
declaration  of  transfer  or  substitution  shall  have  been  made 


40 


by  him  at  the  Mayor’s  office,  stating  the  name  of  the  party 
substituted,  which  shall  be  endorsed  and  certified  on  the 
back  of  the  license  by  the  City  Clerk  ; and  such  person  so 
substituted  shall  be  bound  in  the  same  manner  as  if  he  had 
taken  out  the  license  in  the  first  instance,  and  shall  be 
required  to  execute  bonds  as  in  the  first  section  of  the  Ordi- 
nance required  ; and  failing  to  execute  such  bond,  the  substi- 
tuted or  transferred  license  shall  give  such  transferee  no 
right  to  run  such  vehicle;  and  every  person  contravening 
the  provisions  of  this  section,  shall  pay  a fine  of  from  ten 
. to  twenty-five  dollars  for  each  and  every  contravention. 

Art.  166.  [VI.]  Any  person  who  shall  run,  or  cause  to 
be  run,  within  the  limits  of  this  city,  any  dray,  cart,  cab, 
hack,  or  other  vehicle  whatever,  with  false  numbers,  or 
who  shall  have  affixed  the  same  number  to  two  or  more 
vehicles,  shall  pay  a fine  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars,  for  each  and  every  such 
oflFence. 

Art.  167.  [VII.]  Whenever  the  number  of  any  dray, 
cart,  cab,  hack  or  other  carriage  or  vehicle,  shall  be  erased 
or  defaced  by  time  or  any  other  cause,  so  that  it  cannot  be 
distiuctly  deciphered,  the  owner  of  such  vehicle  aforesaid 
shall  have  his  number  immediately  reinstated ; and  in  case 
of  his  neglect  or  refusing  so  to  do,  he  thall  pay  a fine  of  not 
over  twenty-five  dollars  for  each  and  every  contravention  of 
this  provision,  or  be  imprisoned  from  seven  to  fourteen  days. 

See  Sec.  30,  Art.  168.  |VITI.|  Any  drayman,  carter,  or  other  driver, 
vF  ^uf  dray,  wagon,  cab,  hack,  coach,  or  other  carriage 

Chav^r.  ^ vehicle  whatever,  public  or  private,  or  any  person  rid- 
ing on  horseback,  who  shall  be  guilty  of  running  his  horse 
or  horses,  mule  or  mules,  through  any  of  the  streets  of  the 
city,  or  driving  at  any  faster  gait  than  a slow  trot  or  pace, 
and  any  drayman  who  shall  drive  his  dray  when  loaded,  at 
a feister  gait  than  a walk,  shall  be  arrested  and  fined  from 
fi-ve  to  twenty-five  dollars,  for  each  offence  ; and  in  default 
of  payment,  shall  be  imprisoned  for  a term  of  not  less  than 
seven  nor  more  than  fourteen  days. 

Art.  169.  [IX.]  It  shall  be  the  duty  of  all  draymen, 
carters,  coachmen,  and  all  other  drivers  of  drays,  carts, 
hacks,  wagons,  cabs,  or  any  other  vehicle  whatever,  when 
meeting  any  other  carriage  or  vehicle,  or  any  person  on 
horseback,  to  take  to  the  right  side  of  the  street  or  road 
they  may  be  in,  until  such  carriage  or  vehicle,  or  person  on 
horseback  shall  have  passed,  or  until  they  have  passed  such 
vehicle  or  person ; and  any  person  failing  so  to  do,  or  in  any 
way  contravening  the  provisions  of  this  section,  shall  pay  a 
fine  of  not  less  than  five,  nor  more  than  twenty -five  dollars. 


41 


Art.  170.  [X.J  If  any  accident  or  injury  shall  happen 
o i account  of  any  drayman ^ carter,  coachman,  horse  or 
horses,  mule  or  mules,  dray,  cart,  wagon,  coach,  cab,  hack, 
or  any  other  vehicle  whatever,  while  running,  coming  in 
contact  with  any  person,  it  shall  be  the  duty  of  such  coach- 
man, drayman,  carter  or  other  driver,  to  stop  and  render 
assistance,  if  necessary,  and  to  give  his  name  or  that  of  his 
employer,  and  jilace  of  abode,  and  number  of  his  carriage  or 
vehicle  y and  in  default  thereof,  he  shall  pay  a fine  of  not 
less  than  ten,  nor  more  than  twenty-five  dollars,  or  be  im- 
prisoned from  ten  to  fourteen  days. 

Art.  171.  [XL]  It  shall  not  be  lawful  for  any  drayman, 
or  any  person,  to  drive  or  ride  any  horse,  or  cart  or  carriage, 
of  any  kind  whatever,  over  the  side- walk  of  any  street, 
under  a penalty  of  five  dollars  for  each  and  every  offence ; 
and  every  drayman  or  other  person  who  shall  injure  any 
side- walk  by  thus  driving  any  horse,  cart,  dray  or  carriage 
over  the  same,  shall  be  required  to  repair  the  damage  done 
to  the  said  side- walk,  within  twenty-four  hours  thereafter, 
on  penalty  of  two  dollars  for  each  offence. 

Art.  172.  [XII.]  Carters,  draymen,  &c.,  shaU  not,  un- 
der any  pretext  whatever,  when  unemployed,  refuse  to 
transport  merchandise  and  any  other  articles  whatever,  on 
payment  of  the  legal  dues,  under  penalty  of  a fine  of  five 
doUars  for  each  and  every  contravention. 

Art.  173.  [XIII.]  Each  and  every  driver  of  a cart'or 
dray  shall,  if  required,  take  upon  his  cart  or  dray  a full  load, 
that  is  one  hogshead  of  sugar  or  coffee,  or,  if  required,  four 
barrels  of  liquors  or  provisions,  six  barrels  of  flour,  six  sacks 
of  salt,  three  hundred  and  thirty-three  feet  of  lumber,  (board 
measure,)  one  half  cord  of  wood,  or  three  bales  of  cotton  ; 
and  no  driver  shall  be  required  to  take  for  a load,  of  any 
articles  not  enumerated,  more  than  twelve  hundred  pounds. 

Art.  174.  [XIV.]  Every  driver  of  a cart  or  dray  shall 
be  entitled  to  demand  and  receive,  before  delivery  of  the 
load  of  the  person  who  employs  him,  the  following  prices, 
to-wit : For  every  load  not  exceeding  ten  squares,  fifty 
cents  for  every  load,  and  in  proportipn  for  a greater  distance. 

Art.  175.  [XV.]  The  prices  to  be  charged  by  the  owner 
or  owners,  driver  or  drivers  of  any  hackney  coach,  car- 
riage, or  other  vehicle  for  the  conveyance  of  passengers,  for 
hire  within  said  city,  shall  be  as  follows,  to  be  regulated 
and  estimated  by  the*  distance  on  the  most  direct  route, 
to-wit : For  carrying  a passenger  to  or  from  any  place  within 
the  limits  of  said  city,  seventy-five  cents,  but  in  no  instance 
shall  any  charge  be  made  for  children  under  five  years  old 
belonging  to  the  family  or  party  hiring  said  vehicle ; for  the 
use  of  any  buggy,  or  other  vehicle  drawn  by  one  horse  or 


42 


other  animal,  by  the  hour,  one  dollar  and  fifty  cents  ; for 
the  use  of  any  hack,  or  other  vehicle  drawn  by  two  horses, 
per  hour,  two  dollars ; and  double  the  above  rates  between 
the  hours  of  nine  o’clock  p.  m.,  and  six  o’clock  A.  m.,  may  be 
charged.  Every  passenger  shall  be  allowed  to  have  con- 
veyed upon  such  vehicle,  without  charge,  his  ordinary 
traveling  baggage,  not  to  exceed  one  trunk,  and  twenty -five 
pounds  of  other  baggage.  No  owner  or  driver  of  any 
hackney  coach,  cab,  carriage,  coach  or  other  vehicle,  licensed 
as  aforesaid^  shall  neglect  or  refuse  to  convey  in  said  city, 
any  person  or  persons,  with  or  without  baggage,  when 
applied  to  for  that  purpose,  or  ask,  take  or  extort,  from  any 
such  person,  a price  or  rate  of  fare  for  such  conveyance, 
greater  than  is  herein  established,  under  a penalty  of  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

Art.  176.  [XVI. J No  owner  or  owners,  or  any  other 
person  having  charge  of  any  cart,  dray,  hackney  coach,  or 
any  other  carriage  or  vehicle,  whether  used  for  hire,  burden 
or  pleasure,  shall  stop  or  place  such  vehicles  at  or  near  the 
intersection  of  any  street,  lane  or  alley,  in  such  a manner  as 
to  prevent  foot  passengers  from  passing  such  street,  lane 
or  alley ; and  any  person  who  shall  so  place  any  such  vehicle, 
as  aforesaid,  and  shall  not  immediately,  on  the  request  of 
any  foot  passenger,  cause  the  same  to  be  removed,  or  shall  ab- 
sent himself  so  that  the  request  cannot  be  immediately  made 
andcomplied  with,  shall  be  liable  to  pay  a fine  of  not  more  than 
one  hundred  dollars  nor  less  than  ten  dollars,  for  each 
As  amend-  contravention.  No  person  having  in  charge  any  coach,  cab, 
ed  April  omnibus,  or  other  carriage  or  vehicle  for  the  conveyance  of 
1866.  passengers,  luggage  or  baggage,  shall,  while  waiting  employ- 

ment at  any  stand,  wharf,  railroad  depot,  or  any  other  place 
whatever,  be  or  remain  more  than  six  feet  from  the  vehicle 
he  has  in  charge ; and  no  more  than  one  driver  shall  be 
allowed  to  each  hackney  coach,  omnibus  or  other  vehicle, 
intended  for  the  conveyance  of  passengers,  unless  it  be  per- 
sons belonging  to  the  same  establishment.  No  owner  or 
driver  of  any  cab,  hackney  coach,  omnibus,  cart,  dray  or 
any  other  vehicle,  while  waiting  employment  at  any  railroad 
depot,  wharf,  steamboat  landing,  or  other  public  place  in 
said  city,  shall  unnecessarily  snap,  crack  or  flourish  his 
whip,  or  use  indecent  or  profane  language,  or  be  guilty  of 
boisterous  or  loud  talking,  or  any  disorderly  conduct,  or  vex 
or  annoy  travelers  or  citizens ; and  such  owners  and  drivers 
are  required  to  obey  any  and  all  rules  and  regulations  adopted 
by  any  railroad  company,  or  person,  or  association,  for  the 
promotion  of  order  at  any  public  landing,  railroad  depot, 
or  other  public  place  in  said  city,  not  inconsistent  with  the 
Ordinances  of  the  city,  and  the  Police  regulations  thereof. 


43 


Any  person  who  shall  violate  any  or  either  of  the  provisions 
of  this  section,  or  who  shall  fail  or  neglect  to  comply  with 
its  requirements,  shall,  on  conviction,  pay  a fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars,  and  in  the 
discretion  of  the  Mayor  forfeit  his  license. 

Art.  177.  fXVII.]  All  fines  imposed  by  this  Ordinance 
shall  be  recovered  before  the  Mayor  or  Eecorder  for  the  use 
of  the  city. 


CHAPTER  XVIII. 

HARBOR  IMPROVEMENT  BONDS. 

Article  178.  [I.J  Be  it  ordained  by  the  Mayor  and  Approved 
Board  of  Aldermen  of  the  City  of  Galveston,  in  council  con-  25, 1869. 
vened,  That  the  Mayor  of  the  City,  and  two  members  of 
the  Council  to  be  selected  by  the  Mayor,  and  one  person  to  See  Art,  XI, 
be  appointed  by  the  President  of  the  Galveston  Wharf  Title  ^x,  of 
Company,  and  one  person  from  the  citizens  of  the  city,  to  Charter, 
be  selected  by  said  four,  shall  constitute  a Board  of  Harbor 
Improvement,  and  shall  elect  from  themselves  a President 
thereof,  and  the  five  shall  constitute  a quorum  to  do 
business. 

Art.  179.  [II.]  The  said  Board  shall  be,  and  they  are 
hereby  empowered  to  employ,  able  assistance.  Civil  Engi- 
neers to  examine  and  survey  the  harbor  and  the  obstructions 
thereof,  and  report  a plan  of  work,  which,  when  adopted  by 
the  feoard  and  approved  by  the  Council,  shall  be  at  once 
acted  upon. 

Art.  180.  [IIL]  For  the  purpose  of  being  well  advised, 
the  said  Board  shall  correspond  with  the  officers  of  the 
United  States  Coast  Survey  and  with  the  Board  of  United 
States  Engineers,  and  procure  from  them  maps  of  the  latest 
survey  of  the  harbor. 

Art.  181.  [IV.]  When  the  plan  of  work  has  been 
adopted,  the  said  Board  of  Harbor  Improvements  shall 
report  the  same  to  the  Mayor  of  the  City,  who  shall 
communicate  the  same  to  the  Council  for  their  approval. 

Art.  182.  [V.]  The  plan  of  work  being  approved  by 
the  Council,  the  President  of  the  Board  of  Harbor  Improve- 
ments shall  file  with  the  City  Clerk  estimates  of  the  amounts 
of  funds  required  to  carry  on  the  work  for  the  month  next 
ensuing,  which  estimate  shall  be  examined  by  the  Council, 
and,  if  approved,  the  sum  asked  shall  be  appropriated 
from  the  fund  hereinafter  provided. 

Art.  183.  [VI.]  The  said  Board  shall  keep  an  accurate 
account  of  all  expenditures  made  by  them  in  the  prosecution 
of  the  work,  and  file  monthly  with  the  Treasurer  of  the 


44 


# 


City  the  account  for  the  last  month,  and  with  proper 
vouchers ; and  also  with  the  City  Clerk  estimates  for  each 
next  ensuing  month.  All  funds  appropriated  under  this 
Ordinance,  except  the  Interest  and  Sinking  Fund,  shall  be 
drawn  from  the  Treasury  and  deposited  with  the  First 
National  Bank  of  Galveston,  and  shall  be  paid  out  on  the 
check  of  the  President  of  the  Board  of  Harbor  Improve- 
ments. 

Art.  184.  fVH.]  To  provide  a fund  for  the  work 
herein  before  authorized,  the  Mayor  of  the  City  is  hereby 
* authorized  to  have  engraved  Harbor  Improvement  Bonds 
of  the  City  of  Galveston,  with  semi-annual  interest  coupons 
attached,  at  the  rate  of  ten  per  cent,  per  annum,  maturing 
on  the  first  (1st.)  of  January  and  1st  of  July  each  year — 
coupons  payable  in  gold  at  the  office  of  the  Treasurer  of  the 
City  of  Galveston.  The  said  bonds  shall  be  drawn  payable 
in  lawful  money  to  the  bearer,  at  the  office  of  the  Treasurer 
of  the  City  of  Galveston,  and  maturing  in  eleven,  twelve^ 
thirteen,  fourteen,  fifteen  and  sixteen  years ; shall  be  signed 
by  the  Mayor,  and  counter-signed  by  the  City  Treasurer^ 
with  the  seal  of  the  corporation  attached — not  over  thirty 
thousand  dollars  maturing  in  one  year. 

Art.  185.  [VIII.]  The  bonds  authorized  by  this  Ordi- 
nance shall  not  exceed  in  the  aggregate  the  sum  of  one 
hundred  and  eighty  thousand  dollars,  and  shall  be  issued 
from  time  to  time  in  such  sums  as  may  be  necessary  to  meet 
the  estimates  of  the  President  of  the  Board  of  Harbor 
Improvement,  and  delivered  to  him,  and  he  shall  receipt 
for  the  same,  and  shall  be  sold  by  him  in  open  market  to 
the  highest  bidder,  or  at  par  on  private  application  to  the 
President  of  the  Board. 

Art.  186.  [IX.]  To  provide  for  the  interest  as  it  falls 
due,  and  to  create  a Sinking  Fund  for  the  redemption  of 
the  bonds  when  due,  or  before  maturity  if  advisable,  there 
is  hereby  set  apart  and  appropriated,  as  a special  fund  to 
be  used  for  no  other  purpose,  the  income  of  the  city  from 
its  six  thousand  two  hundred  and  twenty-two  shares  of 
stock  in  the  Galveston  Wharf  Company,  until  the  principal 
and  interest  of  the  bonds  hereby  authorized  is  fully  paid 
up  and  discharged. 

Art.  187.  [X.]  The  fund  derived  from  the  source  above 
provided  shall  be  a special  deposit  in  the  hands  of  the 
Treasurer  of  the  City  of  Galveston  for  the  purpose  for  which 
it  was  created,  and  shall  be  disbursable  only  in  payment  of 
the  coupons  of  said  Harbor  Improvement  Bonds,  or  for  the 
purchase  of  gold  to  pay  said  gold  coupons,  or  for  the 
purchase  of  bonds,  if  the  fund  should  accumulate  as  to 
make  it  advisable ; and  in  that  case  the  Mayor  of  the  City 


45 


of  Galveston  shall  give  public  notice  of  the  amount  of  bonds 
to  be  purchased  and  invite  proposals  from  holders;  and  on 
the  redemption  of  a bond  a draft  may  be  drawn  on  the 
Treasurer  for  the  amount  necessary  to  redeem  each  bond 
purchased,  which,  when  accompanied  by  the  purchased 
bond,  shall  be  paid  by  him  from  said  fund;  Provided, 
nevertheless,  that  no  bond  shall  be  purchased  before 
maturity,  unless  the  interest  on  the  amount  outstanding 
shall  have  been  provided  for  one  year  in  advance,  after 
redeeming  the  bonds. 

Art.  188.  [XI.]  The  Treasurer  of  the  City  shall  cancel 
all  coupons  paid  by  him,  and  twice  in  each  year  file  in  the 
office  of  the  City  Clerk  a list  of  said  coupons,  with  numbers, 
dates  and  amounts,  clearly  shown,  and  shall  quaiterly 
report  the  amount  to  the  credit  of  this  fund  to  the  City 
Council. 

Art.  189.  [XII.]  When  the  Treasurer  of  the  City  shall 
have  sufficient  of  this  fund  in  his  hands  to  purchase  gold 
sufficient  to  pay  six  months’  interest,  he  shall  report  the 
same  to  the  Finance  Committee,  and  with  their  approval 
shaU  purchase  the  gold  necessary,  and  credit  said  fund  with 
the  premium  paid. 

Art.  190.  [XIII.].  The  Board  of  Harbor  Improvements 
shall  receive  no  pay  or  commission  for  disbursing  the  funds 
entrusted  to  them,  but  they  may  employ  a competent  clerk 
to  keep  their  accounts,  and  may  allow  him  a reasonable 
salary  out  of  said  funds,  and  they  shall  each  month  report 
the  progress  made  by  them  in  the  work;  they  may  also 
appoint  a capable  superintendent  to  direct  the  work,  and 
may  pay  him  a reasonable  salary. 


CHAPTEE  XIX. 

HARBOR  AND  HARBOR  MASTER. 

Article  191.  [L]  Xo  person  shall  bring  into  the  harbor  Approved 
of  the  City  of  Galveston,  nor  shall  leave  there,  the  wreck  of  Bee.  31, 1856. 
any  ship  or  vessel,  whereby  such  portion  of  the  harbor  may 
be  occupied  and  the  entrance  or  departure  of  any  craft 
thereby  be  incommoded,  under  the  penalty  of  twenty-five  charter.* 
dollars  for  every  such  offence,  and  the  further  penalty  of  ten 
dollars  for  every  day  or  part  of  day  the  wreck  of  said  vessel 
or  ship  may  continue  there,  after  being  duly  notified  to 
remove  the  same  by  the  Harbor  Master  of  the  City  of  Gal- 
veston. 

Art.  192.  |II.j  Xo  person  shaU  castor  deposit,  or  suffer 
to  be  cast  or  deposited,  in  the  harbor  of  this  city,  any  stone, 

Obiter. 


46 


gravel,  earth,  ashes  or  other  like  substances,  or  any  filthy 
logs  or  like  floating  things,  or  create  any  obstruction  there- 
in, under  the  penalty  of  a fine  of  not  exceeding  one  hundred 
dollars  for  each  and  every  offence,  and  ten  dollars  for  each 
and  every  day  the  same  shall  be  suffered  to  remain  therein. 

Art.  193.  [III.]  Said  Harbor  Master  shall  have  power 
to  regulate  and  station  all  ships  and  other  vessels  in  the 
harbor  within  the  City  of  Galveston,  and  at  the  wharves 
thereof,  and  to  remove  from  time  to  time  all  such  ships  or 
other  vessels  when  deemed  necessary  to  afford  mole  general 
accommodation;  but  in  placing  any  vessels  at  the  wharves, 
or  removing  them  from  the  wharves,  the  Harbor  Master 
shall  do  so  only  at  the  request  of  the  Superintendent  of  the 
Wharves,  and  as  to  the  fact  of  its  being  necessary  to  remove 
said  vessels,  the  Superintendents  are  hereby  constituted 
the  judges ; and  if  any  master,  or  other  person  having 
charge  of  said  ship  or  other  vessel,  shall  refuse  or  neglect 
to  obey  the  directions  of  the  Harbor  Master  in  the  execution 
of  the  duties  of  his  office,  such  master  or  person  having 
charge  of  said  vessel  or  ship,  or  any  other  person  whatso- 
ever, shall  be  liable  to  a fine  of  not  less  than  twenty  nor 
more  than  one  hundred  dollars  for  each  and  every  offence  ; 
to  be  recovered  before  the  Mayor  or  other  Court  of  compe- 
tent jurisdiction. 

Art.  194.  [IV.]  It  shall  be  the  duty  of  said  Harbor 
Master  to  superintend  and  enforce  the  execution  of  all  the 
By-Laws  and  Ordinances  regulating  the  clearing  of  the 
docks  and  wharves,  and  to  prevent  and  remove  all  nuisances 
on  or  about  them  ; and  if  the  person  or  persons  whose  duty 
it  shall  be  to  remove  such  nuisances,  shall  refuse  or  neglect 
to  remove  the  same,  within  twenty-four  hours  after  having 
been  notified  by  the  Harbor  Master,  such  person  or  persons 
so  refusing  or  neglecting  shall  forfeit  and  pay  a fine  of  not 
less  than  three  nor  more  than  fifty  dollars,  (and  shall  be 
liable  besides  for  all  expenses  incurred  in  the  removal  there- 
of,) to  be  sued  for  and  recovered,  for  the  use  of  the  city, 
before  the  Mayor  or  Eecorder,  or  any  Court  of  competent 
jnrisdiction. 

Art.  195.  [V.]  No  vessel  shall  be  allowed  to  moor 
within  a cablets  length  of  any  wharf.  No  vessel  whatever, 
between  the  city  and  outer  bar,  shall  throw  over  any  stone 
or  other  ballast,  below  low- water  mark,  and  in  the  harbor 
particularly.  All  ballast  shall  be  landed  fairly  on  the  shore, 
and  at  the  time  of  loading  and  discharging,  care  must  be 
taken  not  to  drop  any  part  thereof  overboard,  nor  shall  any 
ballast  be  unloaded  at  night.  No  pitch,  tar  or  other  com- 
bustibles, shall  be  heated  on  board  of  any  vessel,  but  must 
be  done  on  stages  and  boats,  removable  in  case  of  accidents. 


47 


Art.  196.  [VI.]  No  vessel,  lying  in  the  stream,  shall 
be  permitted  to  have  her  boats  towing  astern,  but  they 
must  be  kept  alongside  or  at  the  davits.  All  vessels,  ships 
or  other  craft,  shall  be  properly  moored  within  twenty-four 
hours  after  their  arrival. 

Art.  197.  [VII.]  All  vessels  lying  in  the  stream  are  to 
have  their  jib-booms  rigged  in,  and  yards  topped,  &c.,  and 
while  lying  alongside  of  the  wharf  on  no  account  are  the 
yards  to  be  squared. 

Art.  198.  [VIII.]  Any  breach  of  either  of  the  last  four 
proceeding  sections  of  this  Ordinance  shall,  and  does  hereby 
subject  the  master  of  any  shij),  vessel  or  other  craft,  or  any 
other  person  whatsoever  so  ohending,  to  a fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars  for  each  offence 
or  breach  aforesaid,  to  be  recovered  before  the  Mayor  or 
any  Court  of  competent  jurisdiction. 

Art.  199.  [III.]  It  shall  not  be  lawful  for  any  person  Approved 
or  company  to  extend,  or  cause  to  be  extended,  any  wharf 
leading  to  the  channel  in  front  of  the  city,  beyond  a depth 
of  water  of  twelve  feet  at  ordinary  low  tide,  under  a penalty 
of  one  hundred  dollars  for  every  day  such  obstruction  shall 
remain,  to  be  recovered  as  in  cases  of  other  fines,  and  a 
like  penalty  shall  be  imposed  for  the  extending  of  any 
wharf  now  erected,  or  hereafter  may  be  erected,  a greater 
distance  into  the  channel,  when  from  any  cause  the  water 
at  the  end  thereof  shall  be  reduced  to  a less  depth  than 
twelve  feet ; but  in  such  cases  it  shall  be  the  duty  of  the 
owner  or  owners  of  such  wharf  to  cause  the  water  in  front 
of  the  same  to  be  deepened,  by  removing  the  deposites  from 
the  bottom. 


CHAPTER  XX. 

HOSPITAL. 

Article  200.  [I.]  The  Mayor  shall  be,  and  he  is  hereby  See  Art.  Il, 
invested  with  authority  to  cause  any  person,  not  being  a 
resident  of  this  city,  who  shall  be,  or  shall  be  suspected  of  charter, 
being  sick,  or  infected  with  any  infections  or  pestilential 
disease,  to  be  sent  to  the  City  Hospital,  or  some  other 
hospital  or  pest-house;  and  he  shall  also  have  authority  to 
cause  to  be  removed  from  the  city,  or  destroyed,  any  furni- 
ture, wearing  apparel  or  goods,  wares  and  merchandise,  or 
articles  of  property,  which  shall  be,  or  be  suspected  of  being 
tainted  with  pestilence,  or  which  shall  be  Ukely  to  pass  into 
such  a state  as  to  generate  or  propagate  disease ; and  ev^y 
person  who  shall  be  served  with  a copy  of  any  order  of  the 
Mayor,  under  any  of  the  powers  conferred  by  this  section, 


48 


ea 

1869. 


03rtified  by  the  City  Clerk,  and  shall  refuse  or  neglect  to 
comply  -with  the  same,  shall  forfeit  and  pay  a fine  of  not 
exceeding  one  hundred  dollars  for  each  and  every  offence. 

As  amend-  Aet.  20l.  [II.]  Ihe  City  Hospital  shall  be  placed  under 
ed  May  4,  the  care  and  management  of  the  Eesident  Physician,  subject 
1868.  to  the  general  supervision  of  the  City  Council ; said  Eesi- 

As  amend-  dent  Physician  shall  exao  ne  and  revise  all  requisitions 
July  6,  made  by  the  House  Surgeon,  as  herein  after  provided,  and 
shall  order  the  same  to  be  paid  whenever  they  are  satisfied 
that  the  same  are  correct.  The  said  Eesident  Physician 
shall  appoint  a House  Surgeon,  at  a monthly  salary  to  be 
agreed  upon,  and  to  be  approved  by  the  City  Council,  who 
shar  remain  at  the  said  Hospital  and  give  a superintendence 
to  the  local  affairs  of  the  same,  and  see  that  everything 
needful  is  supplied,  and  for  this  purpose  he  shall  make  his 
estimates  and  draw  his  requisitions  upon  the  Eesident 
Physician  tor  such  necessary  food,  bedding,  drugs  and  other 
sux)plies,  as  the  Hospital  may  from  time  to  time  require. 
He  shall  keep  a correct  list  of  all  patients  admitted  into  the 
HospitaJ,  by  whose  order,  the  days  of  their  admittance  and 
discharge,  the  nature  of  the  disease,  and  the  dates  of  the 
deaths  of  such  as  may  die;  and  shall  furnish  monthly 
abstracts  of  said  report  to  said  Eesident  Physican.  He 
sha’ ' be  subject  to  be  removed  by  said  Eesident  Physician 
for  good  cause. 

Aet.  202.  [III.]  All  Hospital  fees  and  dues  shall  be 
paid  into  the  City  Treasury  as  a Hospital  Fund,  and  the 
City  Clerk  shall  keep  a separate  account  of  the  same. 

See  Sec.  12,  Aet.  203.  [VII.]  It  shall  not  be  lawful  for  any  person 
Art.  Ill,  Title  to  estabUsh  or  keep  any  hospital,  or  other  like  place  for  the 
IV,  of  the  reception  or  accommodation  of  any  sick  or  diseased  persons, 
at  any  point  within  the  corporate  limits  of  the  City  of  Gal- 
veston, between  Mnth  street  and  the  Western  boundary  of 
the  City ; and  aw  persons  who  shall  violate  the  provisions 
of  this  section,  shall  be  punished  by  a fine  not  exceeding  one 
hundred  dollars  for  each  and  every  sick  or  diseased  person 
received  or  accommodated  in  such  hospital  or  other  like 
place. 

Aet.  204.  [VIIL]  It  shall  be  the  duty  of  the  Mayor  on 
the  complaint  of  any  citizen,  to  cause  any  such  sick  or 
diseased  person  or  persons,  to  be  removed  from  any  such 
unlawfully  established  hospital  or  other  like  place,  to  the 
City  Hospital. 

Aet.  205.  [IX.]  The  Physician  in  charge  of  the  City 
Hospital  shall  at  all  times  admit  the  Mayor  of  the  City,  or 
a Committee  of  the  City  Council,  or  any  Alderman  who 
shall  be  charged  with  the  duty  of  visiting  the  City  Hospital, 
and  examining  the  condition  thereof,  and  of  the  patients. 


Charter. 


49 


and  of  the  treatment  thereof ; and  any  failure  or  refusal  so 
to  do,  shall  be  deemed  a violation  of  the  contract  of  such 
Physician  with  the  city. 

Art.  205.  [XI.]  The  Mayor  may,  in  the  exercise  of  a 
just  and  proper  discretion,  grant  and  issue  permits  for  ad* 
mission  to  the  Hospital  to  such  persons  as  to  him  may  seem 
right  and  proper. 

Art.  206.  [I.]  The  Mayor  and  Physician  in  charge  of 
the  City  Hospital,  and  all  other  city  officers,  are  hereby 
strictly  prohibited  from  receiving  any  more  paupers  or 
patients  from  the  County  of  Galveston,  until  the  said  county 
shall  settle  up  with  the  city  for  money  already  due,  and  give 
satisfactory  guarantees  for  future  payments. 

Art.  207.  [I.J  The  Physican  in  charge  of  the  City  Hos- 
pital  be,  and  he  is  hereby  required,  to  set  apart  one  of  the  ^ 

Wards  of  the  City  Hospital  for  the  special  accommodation 
of  persons  suffering  with  diseases  of  the  eye,  throat  and 
ear. 

Art.  208.  [II.]  The  Mayor  shall  appoint,  by  and  with 
the  advice  of  a majority  of  this  Council,  a physician  skilled 
in  the  treatment  of  these  diseases,  who  shall  have  entire 
control  of  this  Ward  and  of  the  patients  treated  therein; 

Provided,  said  physician  shall  receive  no  pay  for  his  services. 


CHAPTEE  XXI. 

ON  NUMBERING  HOUSES. 

Article  209.  [I,  ] All  houses  or  streets  running  Xorth  Approved 
and  South  shall  be  numbered ; commencing  at  Avenue  A as  June  10, 1867. 
the  initial  point,  and  numbering  from  thence  Xorth  and 
South.  There  shall  be  fifty  numbers  assigned  to  each  block 
of  said  streets,  commencing  with  the  numerical  one  (1), 
and  all  the  even  numbers  shall  be  placed  on  the  East  side  of 
the  street,  and  all  the  odd  numbers  on  the  West  side  of 
each  street. 

Art.  210.  [II.J  All  houses  on  the  Avenues  of  said 
city  of  Galveston  running  East  and  West,  shaU  be  in  like 
maimer  numbered;  commencing  at  Bath  Avenue  or  Twenty- 
Fifth  street  as  the  initial  point,  and  numbering  from  thence 
East  and  West.  There  shall  be  fitty  numbers  assigned  to 
each  block,  commencing  with  the  numerical  one  (1),  and  all 
tlie  even  numbers  shall  be  placed  on  the  Xorth,  and  all  the 
odd  numbers  on  the  South  side  of  each  Avenue. 


50 


CHAPTEE  XXII. 
iv-TAKKETS. 

See  Sec.  10,  Akticle  211.  [II.  | Ali  butchers’  meat  of  every  kind, 
and  22, |and 23  that  is  to  say  fresh  beef,  veal,  mutton,  pork  and  the  like, 
^t.  llT,Tm^  brought  to  the  present  Markets,  and  such  other 

Charter.  Markets  as  may  from  time  to  time  be  established  by  the  City 
Council,  to  be  sold  and  disposed  of,  and  every  person  who 
shall  sell,  expose,  or  offer  for  sale  any  of  the  above  mentioned 
meats,  in  the  streets  or  elsewhere  than  in  the  said  Market 
or  Markets,  shall  be  subject  to  a fine  not  exceeding  twenty 
dollars  for  each  and  every  offence. 

Art.  212.  [III.]  The  Market  shall  not  be  opened  for  the 
sale  of  meats,  vegetables,  fish  and  other  articles  before  the 
hour  of  3 o’clock,  A.  M.,  in  the  summer,  and  4 o’clock,  A.  m., 
in  the  winter  ; Provided,  nothing  herein  contained  shall 
prevent  butchers  from  bringing  their  meat  to  Market  and 
cutting  up  the  same,  before  the  hours  above  st^^ ted,  nor  of 
those  engaged  in  vending  fish,  vegetables,  &c.,  from  bringing 
the  same  to  Market  before  those  hours. 

Art.  213.  [lY.]  The  stalls  in  the  City  Markets  shall 
not,  (without  the  iiermission  of  the  City  Council,)  be  used 
for  sale  of  anything  except  butchers’  meats,  vegetables, 
fruits,  fish,  game,  poultry  and  eggs.  And  any  j)erson  viola- 
ting the  provisions  of  this  section,  shall  incur  a penalty  of 
not  exceeding  twenty-five  dollars  for  each  and  every  offence. 

Art.  214.  [V.]  The  City  Council  shall  annually  in  the 
month  of  July,  appraise  and  fix  the  minimum  price  of  the 
stalls  and  stands  in  the  City  Market,  specifying  the  respec- 
tive value  of  stalls  for  meat  and  vegetables,  and  the  stalls 
and  stands  for  fish,  coffee,  &c.,  and  shall  cause  said  appraise- 
ment to  be  entered  on  the  journal  of  their  x>roceedings,  and 
it  shall  be  the  duty  of  the  City  Treasurer,  on  the  first  day  of 
September,  in  each  and  every  year,  unless  the  same  should 
happen  to  be  on  a Sunday,  and  in  that  case  on  the  Sat- 
urday preceding,  after  having  given  at  least  ten  days  pub- 
lic notice  by  advertisement,  to  proceed  to  rent  the  said  stands 
and  stalls  at  public  auction  to  the  highest  and  best  bidders 
therefor,  over  and  above  the  minimum  assessed  and  fixed 
upon  by  the  City  Council,  for  one  year  from  the  said  first 
day  of  September,  said  lessees  to  pay  at  the  time  of  renting, 
the  said  advance  over  and  above  the  minimum  value  fixed 
by  the  said  City  Council,  if  any  shall  be  bid,  and  one-fourth 
of  the  aj)X)raisement,  and  shall  give  bond,  with  good 
and  sufificient  security,  to  pay  the  remaining  three-fourths 
of  said  sum,  in  three  equal  x^ayments  at  the  commencement 
of  each  succeeding  quarter  year.  Hereafter,  at  the  renting 
of  stall  ;,  the  City  Treasurer  shall  require  the  person  who 
bids  off  a stall  to  pay  ($25)  twbnty-five  dollars  to  the  Treas- 


51 


urer,  to  apply  as  part  payment  on  said  contract,  and  also  to 
compel  the  bidder  to  com})ly  with  the  terms  of  said  contract, 
or  said  bidder  shall  forfeit  the  said  twenty-five  dollars  to 
the  city,  and  should  any  bidder  fail  to  pay  the  above  men- 
tioned twenty-five  dollars,  the  Treasurer  shall  immediately 
sell  the  stall  again  commencing  with  the  next  highest  bidder. 

Art.  215.  |YI.]  The  City  Treasurer  shall  also  at  the 
same  time  mentioned  in  the  next  and  ]3receding  section,  and 
in  i)ursiiance  ot  a like  public  notice  by  advertisement,  oflter 
at  public  auction  to  the, lowest  bidder,  the  cleaning  and 
lighting  of  the  Market  house,  for  one  year;  the  contractor 
being  required  to  give  bond  in  the  sum  of  one  hundred  dol- 
lars, i^ayable  to  the  city  by  its  corporate  name,  with  condi- 
tion for  the  faithful  performance  ot  the  contract  and  unoer- 
taking. 

Art.  216.  fVII.]  It  shall  not  be  lawful  for  any  person 
to  stop  up  or  encumber  the  streets  and  passage  ways  in  or 
about  the  Market  with  stands,  tables,  vehicles,  or  in  any 
other  manner  except  in  those  cases  w^here  the  privilege  to  , 
do  so  is  granted  and  rented  by  the  City  Council,  or  hj  its 
authority,  and  every  person  offending  against  the  provisions 
of  this  section  shall  incur  a i)enalty  of  not  exceeding  twen- 
ty-five dollars  for  each  and  every  offence. 

Art.  217.  [VIII.]  It  shall  be  unlawful  for  any  person 
to  injure,  swing  upon,  or  otherwise  interfere  with  the  ropes, 
tnckle,  or  other  articles  belonging  to  the  butchers  or  other 
persons  in  the  City  Market, and  any  persons  offending  against 
the  provisions  of  this  section,  shall  be  punished  by  a fine  of 
not  exceeding  ten  dollars, ;oi\imprisonment  in  the  common  jail 
of  not  exceeding  three  days,  at  the  discretion  of  the  Recor- 
der. 

Art.  218.  |IX.]  It  shall  be  unlawful  for  any  person 
who  shall  occupy  any  of  the  stalls  in  the  Market,  or  any 
other  person  to  chop  on  any  of  the  planks  used*for  counters, 
and  any  person  offending  against  the  provisions  of  this  sec- 
tion, shall  be  punished  by  a fine  not  exceeding  ten  dollars 
for  each  and  every  offence. 

Art.  219.  [X.]  Every  person  who  shall  sell,  or  offer,  or 
expose  for  sale  in  the  Markets  or  elsewhere  in  the  city,  any 
unwholesome,  stale,  emaciated,  blown,  stuffed,  tainted  or 
measly  meat,  poultry  or  provisions  of  any  kind,  shall  be 
punished  by  a fine  not  exceeding  fifty  dollars  for  each  and 
every  offence. 

Art.  220.  [I.].  The  privilege  be,  and  the  same  is  hereby  ^ 
granted  to  any  person  or  persons  who  cultivate  or  raise  his,  Nov.  18^1867. 
her  or  their  own  vegetables,  or  to  any  such  person  or  per- 
sons who  may  kill  game  of  any  kind,  or  raise  fowls  of  any 
kind,  or  to  any  such  person  or  persons  who  may  catch  fish, 


52 


to  sell  them  in  the  streets  in  front  of  and  South  of  the  Second 
Ward  Market,  or  in  the  street  in  front  of  or  South  of  any 
other  Market  in  the  city,  in  his,  her  or  their  wagon,  carriage, 
or  other  vehicle,  or  on  tables  ; Provided,  the  street  shall  not 
be  so  encumbered  with  wagons,  carriages  and  tables,  as  to 
prevent  the  free  passage  of  vehicles  and  persons  on  one  side 
of  the  street.  And  provided,  the  Chief  of  Police  shall  have 
the  right  to  regulate  the  position  of  such  vehicles,  tables 
and  stands,  and  further  provided,  that  any  person  or  per- 
sons selling  any  of  the  articles,  herein  allowed  to  be  sold, 
shall  pay  to  the  City  Treasurer,  for  the  use  of  the  city,  for 
each  morning  on  which  such  person  or  i^ersons  shall  sell  the 
same,  the  sum  of  twenty-five  cents. 

Aut.  221.  [II.]  Any  actual  raiser  of  vegetableswhomay 
have  rented  a stall  in  the  vegetable  market,  who  may  be 
desirous  to  give  up  the  same,  and  take  advantage  of  this 
ordinance  may  do  so. 

Art.  222.  [III.]  The  foregoing  privilege  is  granted  on 
the  express  condition  that  the  parties  taking  advantage  of 
the  same,  shall  cease  to  occupy  such  street  or  streets  for 
the  sale  of  anything  herein  authorized  to  be  sold,  after  the 
hour  of  eight  (8)  o^clock  A.  M.  That  nothing  herein  con- 
tained shad  be  construed  so  as  to  prohibit  any  of  the 
' parties  herein  enumerated  Irom  selling  privately  and  to 
individuals,  anything  herein  authorized  to  be  sold,  at  any 
1869.  during  the  day  by  taking  the  same  round  in  carts, 
wagons,  carriages,  in  the  hands,  in  baskets,  or  in  wheel 
barrows. 

Art.  223.  [I.]  Whensoever  the  City  Council  sees 
proper  to  establish  and  grant  a market  privilege  for  the 
sale  of  fresh  meat,  in  any  part  of  the  City  Corporation, 
See  Sec.  42’  where  the  grantee  furnishes  the  gronnd  or  lot,  and  house, 
Chapter—  on  each  and  every  butcher,  or  any  other  person  occupying 
Licenee  Tax.  such  house  fgr  the  sale  of  fresh  meat,  shall  pay  the  sum  of 
one  hundred  ($100)  dollars  per  year,  payable  semi  annually 
in  advance ; these  markets  to  stand  under  the  rules  and 
regulations  of  the  City;  and  whenever  such  house  is 
occupied  by  two  or  more  butchers  or  other  persons  doing 
a separate  business,  each  of  such  persons  shall  pay^  the 
above  named  amount. 


Approved  OHAPTEE  XXIII. 

Jan  8,  1857. 

See  Sec.  37,  ^ NUISANCES. 

Art.  Ill,  Ti%  Article  224.  [I.]  It  shall  not  be  lawful  for  the  owner 
Sbarter  occupanant  of  any  lot  or  premises  within  the  corporate 

limits  ot  the  city  to  have  or  use  any  place  as  a Privy,  or 
Necessary  House,  in  such  lot  or  premises  within  three  feet 


53 


of  the  next  adjoining  lot,  or  any  street  or  alley ; and  that 
every  Privy,  or  I^ecessary  House,  now  erected  and  situated 
contrary  to  the  foregoing  provision,  shall  be  immediately 
removed  by  the  owner  or  occupant  of  the  lot  or  premises  on 
which  the  same  is  situated;  and  every  person  violating  the 
provisions  of  this  Section  shall,  upon  conviction  thereof,  be 
subject  to  a fine  of  not  exceeding  twenty  dollars  for  each 
offence. 

Art.  225.  [II.]  It  shall  be  the  duty  of  every  iDerson 
owning  or  using  a Privy,  or  ^lecessary  House,  to  use  and 
keep  the  same  in  such  manner  that  it  shall  not  be  offensive 
to  the  public,  or  to  any  person  residing  in  the  vicinity ; and 
for  a violation  of  this  Section,  the  offender  shall,  upon  con- 
viction, be  subject  to  a fine  of  not  more  than  ten  dollars  for 
each  offence. 

Art.  226.  [III.]  No  tub,  box,  nor  the  contents  of  any 
vault.  Privy,  or  Necessary  House,  within  the  city,  shall  be 
removed  at  any  time  between  the  first  day  of  June  and  the 
first  day  of  October,  in  any  year,  except  with  the  permission 
of  the  Mayor,  and  in  accordance  with  such  directions  as  may 
be  prescribed  by  the  City  Council,  or  Board  of  Health ; and 
not  at  any  other  time  of  the  year,  except  between  the  hours 
of  eleven  (11)  o’clock  at  night  and  four  o’clock  in  the  morn- 
ing ; and  any  person  offending  against  the  j)rovisions  of  this 
Section  shall,  upon  conviction,  be  subject  to  a fine  of  not  ex- 
ceeding twenty-five  dollars  for  each  and  every  offence. 

Art.  227.  [lY.]  It  shall  not  be  lawful  for  any  person  to 
throw,  x)lace,  leave,  or  deposit,  or  to  suffer,  or  permit,  his  or 
her  servant,  or  any  other  person  of  his  or  her  family,  to 
throw,  place,  leave,  or  deposit,  the  carcass  of  any  dead  ani- 
mal, or  any  carrion,  j)utrid  meat,  fish,  entrails,  or  other  un- 
wholesome substance,  in  any  square,  avenue,  street,  or  lane, 
or  uj^on  any  lot  within  the  city,  or  upon  any  other  ground 
within  the  limits  thereof,  except  such  ground,  or  place,  as 
shall  from  time  to  time  be  designated  by  the  Mayor  for  such 
purpose ; and  for  every  violation  of  this  Section,  the  offender 
shall  be  subject,  on  conviction,  to  a fine  of  not  more  than 
twenty-five  dollars  for  each  and  every  offence. 

Art.  228.  [Y.]  It  shall  be  unlawful  for  any  owner  or 
occupant  of  any  store,  house,  stable,  or  other  tenement,  or 
of  any  lot,  yard,  or  enclosure,  in  this  city,  to  permit  any  of 
the  substances,  or  things,  mentioned  in  the  last  preceding 
Section,  to  be  or  remain  in  or  upon  said  house,  store,  stable, 
or  other  tenement,  or  lot,  or  enclosure,  or  between  the  same 
and  the  centre  of  the  street  adjoining,  upon  the  penalty |of 
not  more  than  five  dollars  for  each  and  every  twenty-four 
hours  during  which  the  same  shall  be  and  remain  thereon. 


See  Sec.  51, 
Art.  Ill,  Title  ^ 
IV,  of  the 
Charter. 


54 


Aet,  229.  [VI.]  Every  owner  or  keeper  of  any  animal^ 
which  may  die  within  the  iimits  of  the  city,  shall  forthwith 
remove,  or  cause  to  be  removed,  the  dead  carcass  thereof  to 
the  place  designated  by  the  Mayor  for  such  purpose,  and 
there  bury  the  same,  or  cause  it  to  be  done,  at  his  or  her  own 
expense ; and  for  refusal  or  failure  to  comply  with  the  pro- 
visions of  this  Section,  each  owner  or  keeper  shall  be  sub- 
ject to  a fine  of  not  exceeding  ten  dollars. 

Art.  230.  [YIL]  E very  person  who  shall  discharge  from 
his  house,  factory;  or  lot,  into  any  avenue,  street,  or  alley, 
in  the  limits  of  the  city,  any  noisome  or  ofi'ensive  liquid,  or 
substance,  prejudicial  to  the  health  of  persons  residing  in  or 
near  such  avenue,  street,  or  alley,  and  every  person  keeping 
on  his  premises  any  hides,  whether  green  or  dry  skins,  or 
peltries,  or  any  animal  or  vegetable  matter  that  is  generally 
ofi'ensive  to  the  persons  residing  in  the  neighborhood,  or 
deemed  prejudicial  to  the  health  thereof,  shall,  for  each  and 
every  offence,  be  subject,  on  conviction,  to  a fine  of  not  ex- 
ceeding fifty  dollars. 

SeeSe^  SS  Aet,  231.  [Vlll.j  No  steam-boiler  manufactory,  ma- 
lY  ^of  ^the  shop,  foundry,  factory,  brewery,  distillery,  soap  fac- 

Charter.  butchery,  or  sausage-making  establishment,  or  any 

other  establishment  of  similar  kind  whatever,  shall  be  erect- 
ed, or  continued  in  operation,  within  the  corporate  limits  of 
the  city,  which  shall,  in  the  opinion  of  the  City  Council,  be 
deemed  a nuisance  to  the  public,  or  to  any  person  or  persons 
residing  within  the  vicinity  thereof,  under  a penalty  to  be 
inflicted  upon  the  owner  or  occupier  of  such  establishment, 
of  not  exceeding  one  hnndred  dollars  per  day  for  each  and 
every  day  the  said  nuisance  shall  be  continued  after  he  or 
they  shall  be  notified  by  the  Mayor  to  discontinue  or  remove 
the  same. 


Aet.  232.  [IX.  | Every  owner,  occui^ier,  or  lessee,  of  a 
Wharf,  shall  keep  the  docks  or  slips  to  the  distance  of  thirty 
feet  on  either  side  of  said  wharf,  from  end  to  end,  clear  of 
logs,  timber,  bushes,  sea  weed,  and  every  species  of  filth  or 
obstruction  whatever ; and  every  owner,  lessee,  or  occupier, 
of  any  wharf,  within  the  limits  of  the  City  of  Galveston,  w^ho 
shall  fail  or  refuse  to  keep  the  docks  free  of  all  filth  and  ob- 
structions aforesaid,  he,  she,  or  they  shall,  for  every  viola- 
tion of  the  provisions  of  this  Section,  be  subject  to  a fine  of 
twenty  dollars  for  each  and  every  week  he,  she,  or  they  shall 
continue  to  violate  the  same,  by  refusing  or  neglecting  to 
clear  the  said  docks  or  slips. 

See  Sec.  41,  Art.  233.  [X.]  Any  vessel,  boat,  barge,  or  other  water 
Art  III,  Title  craft,  which  may  be  lying  at  or  about  the  wharves  or  docks 
ly,  ot  the  Qf  which  may  at  any  time  contain  stagnant  water, 

Charter  impure  or  unwholesome  condition,  shall  be,  and 


55 

is  hereby  declared,  a public  nuisance,  and  that  the  owner, 
master,  agent,  or  consigTiee,  on  being  notified  to  that  effect, 
shall  immediately  remove  the  said  vessel,  barge,  boat,  or 
other  v/ater  craft,  to  such  place  as  maybe  designated  by  the 
Mayor,  there  to  be  cleaned  and  purified,  before  the  same 
shall  again  be  suffered  to  be  brought  to  the  wharves  and 
docks  aforesaid ; and  in  case  the  said  owner,  master,  agent, 
or  consignee,  shall  refuse  or  neglect  to  remove  any  such  ves- 
sel, boat,  barge,  or  other  water  craft,  being  thereunto  re- 
quired, as  aforesaid,  and  within  the  time  allowed  therefor, 
he  or  she  shall  be  liable  to  a fine  of  not  more  than  twenty 
dollars  for  each  and  every  twenty -four  hours  the  same  shall 
remain  after  the  expiration  of  the  time  limited  for  the  remo- 
val thereof;  and  the  said  refusal  or  neglect  being  continued 
for  forty-eight  hours,  it  may  and  shall  be  lawful  for  the 
Mayor,  and  it  is  hereby  made  his  duty,  to  cause  the  same  to 
be  removed,  at  the  charge  expense  and  risk  of  the  said 
owner,  master,  or  consignee,  of  said  vessel,  the  cost  whereof 
being  ascertained,  shall  be  recovered  by  suit  or  action  in  any 
court  of  competent  jurisdiction,  in  the  corporate  name  of  the 
city,  against  such  owner,  master,  or  consignee,  as  aforesaid. 

Art.  234.  [XI.]  The  Mayor  of  the  city  is  hereby  author- 
ized to  prevent  and  x^rohibit  the  introduction  within  the  lim- 
its of  the  city,  of  any  hides,  peltry,  coffee,  suet,  provisions, 
or  any  infected  articles,  which,  in  the  judgment  of  the  Phys- 
icians appointed  by  the  Mayor  to  examine  the  same,  may 
endanger  the  health  of  the  city;  and  any  x^erson  or  persons 
willingly  or  knowingly  introducing  into  the  city  any  of  the 
said  articles,  contrary  to  the  prohibition  aforesaid,  shall  for- 
feit and  pay  for  each  such  offence,  a sum  not  exceeding  fifty 
dollars ; and  all  such  articles,  whenever  found  within  the 
limits  of  the  city,  and  adjudged  by  the  Physicians  aforesaid 
to  endanger  the  health  of  the  city,  shall  be  immediately  re- 
moved without  the  limits  of  the  city. 

Art.  235.  [XII.]  The  fines,  penalties,  and  forfeitures, 
contemplated  and  x^rovided  by  the  preceding  Sections  of  this 
Chapter,  shall  be  recoverable  before  the  Eecorder,  or  any 
Court  of  competent  jurisdiction. 

Art.  236.  [L]  It  shall  not  be  lawful  for  any  person  to  skin 
any  dead  animal  that  may  die  within  the  limits  of  the  corpo- 
ration, or  may  drift  on  shore,  without  immediately  burying, 
or  in  some  other  way  destroying  the  carcass ; and  any  per- 
son so  offending,  shall  be  fined  in  a sum  of  not  less  than  ten 
dollars  for  each  offence,  to  be  recovered  as  for  breach  of 
other  Ordinances. 


Soe  Art.  II, 
Title  VIII,  of 
the  Charter. 


Passed  [May 
3,  1858.  ■ 


i 


56 


CHAPTEE  XXIV. 

COMPENSATION  OF  OFFICERS. 

Approved  Aro?.  237.  [L]  The  following  named  officers  shall  receive 
Junes,  1871.  compensation  for  services  for  the  balance  of  the  current 

See  31,  municipal  year,  at  the  rate  hereinafter  named,  and  the  same 
the  Ch^’ter^^  be  payable  in  monthly  payments.  The  Chief  of  Police 

shall  receive  compensation  at  the  rate  of  twenty-live  hun 
dred  dollars  ($2500)  per  annum.  The  Superintendent  of 
Streets  shall  receive  compensation  at  the  rate  of  twenty- 
five  hundred  dollars  per  annum,  ($2500)  per  annum.  The 
Eecorder  shall  receive  compensation  at  the  rate  of  eighteeen 
hundred  dollars  ($1800)  per  annum.  The  Harbor  Master 
shall  receive  compensation  at  the  rate  of  twelve  hundred 
dollars  ($1200)  per  annum. 

See  Art.  12,  Art.  238.  [II.]  The  Assessor  shall  receive  compensa- 
Title  III,  of  tion  for  his  services  at  the  rate  of  one  and  one-half  per  cent, 
the  Charter.  pcj»  cent,  on  the  amount  of  taxes  assessed,  to  be  due 
and  payable  on  the  approval  of  his  accounts. 

Art.  239.  [HI.]  The  Chief  of  Police  shall  give  bond 
and  security  in  the  sum  of  six  thousand  dollars  ($6000),  to 
be  approved  by  the  Mayor,  and  financial  and  revenue 
committee. 

See  Art.  X,  The  City  Clerk  shall  receive  compensation  at  the  rate 
Title  III,  of  of  twenty -five  hundred  dollars  ($2500)  per  annum, 
the  Charter.  The  City  Surveyor  shall  receive  compensation  at  the 
rate  of  twelve  hundred  dollars  per  annum. 

See  Art.  11,  The  City  Treasurer  shall  receive  compensation  at  the 
Title  III,  of  rate  of  one  thousand  ($1000)  per  annum, 
the  The  City  Collector  shall  receive  compensation  at  the  rate 

* Titfe  in  of  one-half  per  cent.  (1|^)  on  the  amount  of  collection, 

the  Charter.  The  Mayor  shall  receive  compensation  at  the  rate  of 
four  thousand  ($4000)  dollars  per  annum,  for  year  commenc- 
ing June  1st,  1871. 

Aldermen  shall  receive  compensation  at  the  rate  of 
seven  dollars  per  meeting  attended,  for  year  commencing 
June  1st,  1871. 

See  Art. 21,  ART.  240.  [IV.]  TheCitySextonshallreceivecompen- 

Se  Charter^^  follows,  to-wit:  For  digging  the  grave  and 

completing  the  burial  of  each  person,  three  dollars,  to  be 
paid  by  the  person  ordering  the  grave  to  be  dug,  provided, 
that  where  persons  are  buried  at  the  expense  of  the  City, 
only  two  dollars  shall  be  charged.  For  each  weekly  return 
of  burials  made  by  him  to  the  City  Clerk,  he  shall  be  paid 
fifty  cents. 

Art.  241.  [Y.]  The  following  named  officers  shall 
receive  compensation  as  follows,  to-wit : The  Deputy  Chief 
of  Police,  one  hundred  and  twenty-five  dollars  per  month. 


57 


The  Sergeant  of  Police,  one  hundred  and  ten  dollars 
per  month. 

Patrolmen^  ninety  dollars  per  month. 

Detectives  one  hundred  dollars  per  month. 

Chief  of  Fire  Department,  eight  hundred  dollars  per 
annum. 

Fire  Engineers,  one  hundred  dollars  per  mont  h. 

Stokers,  eighty  dollars  per  month. 

Engine  House  keepers,  fifteen  dollars  per  month. 

Hospital  Physician,  three  hundred  dollars  per  month. 

Health  Physician,  one  hundred  and  fifty  dollars  per 
month. 

Health  Inspectors,  one  hundred  dollars  each  per  month. 


CHAPTEP  XXV. 

ORDINANCES. 

Article  242.  [L]  The  enacting  clause  of  all.  Ordinan"  Approved 
ces  hereafter  passed  by  the  City  Council  shall  be  at  the 
commencement  of  the  first  section,  and  shall  be  in  form  Amended 
following,  that  is  to  say  ; ^^Be  it  ordained  by  the  City  x^^^ritie 
Council,^^  and  the  succeeding  sections  shall  simply  be  num-  x.  ' 
bered,  and  the  matter  thereof  commence  thus : ^^Sec. — ’’ 

‘^That,  &c.,’^  omiting  the  usual  formula,  ^^Be  it  further  or- 
dained.’^ And  the  same  rule  shall  apply  to  resolutions  hav- 
ing the  force  and  effect  of  Ordinances,  substituting  the 
word  resolved”  for  ordained”  and  subsequent  clauses  or 
sections  shall  be  simply  numbered,  ordinary  resolutions  for 
the  dispatch  of  business  may  commence  with  the  simple 
form  of  Eesolved,  That,  &c.” 

Art.  243.  |III.]  Xo  Ordinances  shall  be  repealed  by  any 
general  terms,  such  as  ^^coming  in  conflict  with,”  ^^within 
the  purview  of”  any  subsequent  Ordinance,  but  in  aU  cases 
the  Oordinance  or  section  of  an  Ordinance  intended  to  be 
repealed,  shall  be  specifically  mentioned,  and  distinguished 
by  the  title  and  date  of  the  same,  and  the  number  of  the 
section. 

Art.  244.  [iV.]  Xo  Ordinance  shall  be  amended  by 
reference  to  its  title  and  date,  and  the  number  of  the  section, 
or  by  reterence  to  the  subject  matter  only,  but  the  particular 
section  or  sections  designed  to  be  amended,  shall  be  re-or- 
dained at  length  incorporating  the  amendments. 

Art.  245.  [Y.]  Xo  Ordinance  or  Eesolution  which  has 
been  repealed  shall  be  revived  by  implication,  that  is  to  say, 
if  an  Ordinance  or  Eesolution  be  passed,  repealing  a former 
Ordinance  or  Eesolution,  the  repeal  of  the  second  or  repeal- 


58 


Approved 
Nov.  17, 1871, 


See  Art. 
VIII,  Title  X, 
of  the  Char- 
ter. 


ing  Ordinance  or  Eesoliition,  shall  in  no  case  be  construed 
to  revive  the  first,  unless  there  be  express  words  in  the  last 
Ordinance  or  Eesolution  for  this  purpose. 

Aut.  246.  [VI.]  Words  used  in  Ordinances  or  Eesolii- 
tions  in  the  past  or  present  tense,  shall  also  include  the 
future  ; the  masculine  gender  shall  include  the  feminine  and 
neuter  ; the  singular  number  shall  include  the  plural,  and 
the  plural  the  singular.  The  word  person  includes  a corpor- 
ation as  well  as  a natural  person ; the  term  ^^writing’^  includes 
printing,or  printed  paper,  or  partly  written,  or  partly  printed. 
The  term  Council  of  itself,  means  the  City  Council,  and 
words  descriptive  of  acts,  duties,  and  officers  in  general, 
refer  to  such  acts,  duties,  or  officers  within  or  of  the  City  of 
Galveston. 

Art.  247.  [I.]  All  Ordinances  of  the  City  of  Galveston 
heretofore  passed,  shall  be  revised  and  digested,  codified 
and  printed  in  pamphlet  form,  tor  distribution  among  the 
officers  of  the  city,  and  for  sale. 

Art.  248.  [II.]  The  Mayor  shall,  by  and  with  the  advice 
and  consent  of  the  the  Council,  appoint  a competent  person 
to  make  said  revision  and  digest  under  the  supervision  of 
the  Attorney  for  the  city  ; and  the  person  so  appointed  and 
performing  said  work,  shall  receive  a salary,  while  engaged 
therein,  of  two  hundred  and  fifty  dollars  per  month,  not  to 
exceed  two  months. 

Art.  249.  [III.]  The  plan  of  said  digest  shall  be  alpha- 
betical, and  separate  chapters  for  each  subject,  and  shall 
have  a marginal  reference  for  the  date  of  passage  and 
approval  of  each  Ordinance  in  force  passed  on  any  one  sub- 
ject. 

Art.  250.  [IV.]  Each  chapter  as  prepared  by  the  com- 
piler, shall  be  submitted  to  the  next  regnlar  meeting  of  the 
Council  after  the  same  is  finished,  for  the  action  of  the 
Council  thereon,  and  on  approval  by  the  Council,  shall  be 
printed  in  book  form ; and  when  the  digest  is  finished,  the 
whole  work  shall  be  bound  in  boards  neatly,  and  deposited 
with  the  City  Clerk  for  distribution.  Each  officer  shall 
receipt  for  a copy  when  delivered  to  him,  and  shall  retnrn 
the  same  to  the  Clerk  when  said  officer  shall  vacate  his 
office,  by  expiration  of  term,  removal  or  otherwise. 

Art.  251.  [V.[  The  necessary  stationery  for  the  prose- 
cution of  the  work  authorized  by  this  Ordinance,  shall  be 
furnished  to  the  compiler,  by  the  City  Clerk,  on  his  requisi- 
tion, and  shall  be  paid  for  out  of  any  existing  appropriations 
for  stationery. 


59 


CHAPTEE  XXYT. 

CONCEENING  PETROLEUM  OTL  AND  INFLAMMABLE  COM- 
MODITIES. 

Artticle  252.  fl.J  It  shall  be  unlawful,  except  as  Approved 
provided  for  in  this  ordinance,  for  any  person  or  persons,  Dec.  5,  1871. 
in  his  or  their  own  right,  or  in  behalf  of  another,  to  store, 
or  keep  for  manufacture,  refine  or  mix,  or  to  cause,  permit 
or  suffer  to  be  stored  or  kept,  manufactured,  refined  or 
mixed,  within  the  corporate  limits  of  the  city  of  Galveston, 
in  any  warehouse,  building,  tenement,  or  in  any  yard  or 
street,  or  on  the  sidewalks  thereof,  or  in  any  one  locality 
in  said  city,  in  a quantity  exceeding  four  barrels,  or  twenty 
cans  of  five  gallons  each,  any  camphene,  dangerous, 
inflamable  or  burning  fluidc  or  any  product  by  distillation 
of  coal,  i)etroleum  or  rock  oil,  aspbaltum  or  shale  of  peat, 
known  under  the  various  names  of  naptha,  kerosene,  benzine 
or  benzole,  or  any  inflammable  oils  of  any  kind  or  nature 
whatsoever. 

Art.  253.  [II.J  Any  person  or  persons,  desiring  to  See  Secs.  4 
store  or  keep  for  sale,  or  otherwise,  or  to  manufacture, 
refine  or  mix,  in  any  one  locality  within  the  corporate  limits 
of  the  city,  any  of  the  fluids,  products,  oils,  or  any  of  the 
other  commodities  or  articles  mentioned  and  set  forth  in 
the  first  section  of  this  ordinance  in  a quantity  exceeding 
two  barrels,  or  forty  gallons,  shall  cause  the  building, 
premises  or  locality  in  which  said  fluids,  products,  oils  or 
other  commodities  or  articles  are  designated  to  be  stored, 
kept,  sold,  manufactured,  refined,  mixed  or  otherwise  used  or 
disclosed  of,  to  be  actually  surveyed  and  inspected  by  the 
Chief  Engineer  of  the  Eire  Department,  and  shall  obtain 
from  such  inspecting  officer  his  certiffcate  to  the  effect  that 
the  building,  premises  or  locality,  by  him  actually  inspected 
and  specifically  described  in  the  certificate,  has  and  contains 
suitable  iron  tanks,  levees,  excavations,  or  earth  embank- 
ments, to  prevent  the  overflow  or  escape  of  any  of  the  fluids, 
products,  oils,  or  commodities  referred  to  in  this  ordinance, 
and  that  the  contemplated  use  of  the  inspected  premises 
will  not  endanger  the  ajoining  or  other  premises,  in  the 
event  of  accident  or  fire. 

Art.  254.  [III.J  Certificate  of  survey  and  inspection 
referred  to  in  the  second  section  of  this  ordinance,  shall  be 
returned  to  the  Mayor ; and  upon  his  approval  thereof,  the 
Mayor  is  hereby  authorized  to  issue  a certificate,  in  which 
shall  be  expressed  the  name  of  the  person  or  persons  to 
whom  the  said  certificate  is  granted,  and  whether  he  or  they 
are  permited  to  store  and  keej)  for  sale,  or  otherwise,  or  to 
manufacture,  refine  or  mix  any  of  the  articles  or  commodi- 


60 


ties  embraced  by  this  ordinance,  or  all  of  them,  or  both, 
together  with  a description  of  the  locality,  building  or  part 
of  the  specified  building;  and  in  said  certificate  shall  also 
be  expressed  any  limitation  upon  the  quantity  of  such 
articles,  or  any  of  them,  which  may  be  stored,  kept,  manu- 
factured, refined  or  mixed,  and  upon  the  manner  of  manufac 
turing,  refining,  mixing,  storing,  or  keeping  the  same,  which 
the  Mayor  may  in  any  case  see  fit  to  impose;  and  any  person 
so  licensed  may  store  or  keep,  or  manufacture,  refine  or 
mix  said  articles,  or  any  of  them,  within  the  terms  of  his 
certificate,  either  on  his  own  account  or  on  the  account 
of  any  other  person. 

Aut.  255.  [IV.]  Every  person  or  persons,  holding  the 
certificate  aforesaid  shall  be  compelled  to  have  the  same  hung 
in  some  open  and  convenient  sx)ot,  at  the  place  where  the 
business  covered  b}^  the  said  certificate  is  carried  on,  so 
that  the  same  may  at  any  time  during  business  hours  be 
seen  and  inspected ; and  every  person  holding  such  certifi- 
cate shall  permit  any  member  of  the  police  force,  the  Chief 
Engineer  of  the  Fire  Department,  or  any  person  or  persons 
designated  by  the  Mayor,  to  enter  the  premises  described 
in  the  certificate  and  make  such  examination,  and  take 
such  samples  as  may  be  deemed  expedient  by  such  party. 

Art.  256.  [V.]  Ho  cerificate  shall  be|granted  for  manu- 
facturing, refining,  mixing,  storing  or  keeping  said  articles, 
or  any  of  them,  upon  any  alley,  street,  sidewalk  or  wharf, 
within  the  corporate  limits  of  the  city,  nor  in  any  part  of  a 
building  occupied  in  w^hole  or  in  part  as  a dwelling  house^ 
nor  upon  the  floor  of  any  building  above  the  first  floor. 

Art.  257.  [VI.]  Any  and  every  person,  who  shall  be 
guilty  of  a violation  of  this  ordinance,  shall  be  subject  to 
the  payment  of  a fine,  not  to  exceed  one  hundred  dollars 
for  each  and  every  contravention,  and  to  imprisonment  for 
a period  not  to  exceed  one  month. 

Art.  258.  [VII.]  And  every  such  person  who  shall  be 
guilty  of  a violation  of  this  ordinance,  as  hereinbefore  set 
forth,  and  shall  continue  in  such  contravention  for  four  and 
twenty  hours,  shall  be  considered  as  guilty  of  a further 
violation  of  the  ordinance,  and  shall  be  subject  to  the 
payment  of  a fine  and  punishment,  hereinabove  set  forth^ 
for  each  and  every  twenty-four  hours  during  which  the 
ordinance  is  violated  or  contravened. 


61 


CHAPTEE  XXVII. 

POLICE  REOULATIONS. 

Article  259.  [Y.j  It  shall  be  the  duty  of  the  Police-  Approved 
men  of  the  City  to  be  obedient  to  the  orders  and  directions  Oct.  8,  1856. 
of  the  Mayor,  communicated  to  them  through  the  Chief  of  g^ 
Police,  or  in  person,  or  delivered  in  writing,  and  to  keep  a Art.  Ill,  Title 
faithful  watch  and  ward  in  the  Districts  which  may  be  as-  IV,  of  the 
signed  them ; and  it  shall  further  be  the  duty  of  each  of  Ch^ter. 
them,  upon  the  discovery  of  fire,  to  give  the  alarm  thereof 
immediately,  and  to  ring  the  alarm  bell  at  the  Market  House ; 
and  it  shall  further  be  the  duty  of  said  Policemen,  and  each 
and  every  one  of  them,  to  apprehend  and  detain  all  offen- 
ders against  the  peace,  and  aU  persons  who  may  obstruct 
and  endanger  them,  or  any  of  them,  in  the  execution  of  their 
office,  or  who  shall  be  guilty  of  any  disorderly  conduct,  or 
shall  be  engaged  in  any  riots,  unlawful  assemblage,  out- 
cries, noises,  or  other  disturbances  whatsoever,  or  who  shall 
aid,  abet,  or  assist  others  in  the  commission  of  either  of  said 
offences ; and  for  this  purpose  the  said  Policemen,  and  either 
of  them,  are  authorized  to  enter  any  dwelling-house,  store, 
grocery,  or  other  building,  where  any  person  may  take  re- 
fuge, or  be,  who  have,  during  the  night,  in  their  presence, 
or  hearing,  committed  any  felony,  or  breach  of  the  peace,  or 
where  any  felony  or  breach  of  the  i3eace  is  about  to  be  com- 
mitted, or  where  any  noise,  or  alarm,  outcry,  or  disturbance 
shall  be  made  in  like  manner,  as  the  Mayor,  Aldermen,  Po- 
licemen, Constables,  and  other  Peace  Officers,  are  author- 
ized by  law. 

Art.  260.  [I.]  It  shall  be  unlav^^il  for  any  person  or  Approved 
persons  to  obstruct,  prevent,  or  interfere  with,  or  to  attempt 
to  obstruct,  prevent,  or  interfere  with,  the  Chief  of  Police, 
or  other  Police  Officer,  in  the  lawful  discharge  of  his  duty, 
within  the  limits  of  the  City  of  Galveston ; and  any  person 
or  persons  convicted  of  so  offending,  shall  be  fined  in  a sum 
of  not  exceeding  one  hundred  dollars,  and  not  less  than  ten 
dollars,  for  each  and  every  offence,  to  be  recovered  before 
the  Mayor  or  Eecorder  of  said  city,  and  shall  also  be  liable 
to  a further  jienalty  of  not  exceeding  fifteen  days  imprison- 
ment. 

Art.  261.  [IV.]  The  Chief  of  Police  shall  assign  to  each  Approved 
Policeman  his  round  and  duty,  and  may  order  any  of  them 
to  render  service  in  any  Ward  wherever,  in  his  opinion,  the 
occasion  shall  require  it  5 he  shall  report  monthly  to  the 
Council  the  time  actually  served  by  each  Policeman,  the 
time  absent,  and  such  other  information  as  he  deems  proper, 
or  as  may  from  time  to  time  be  required  by  the  Council.  He 
shall  also  see  that  the  Policeman  are  provided  with  the  pro- 
per arms  and  equipments,  which  the  emergency  shall  require. 


Approved 
Oct.  18,  1869. 


Approved 
Nov.  7,  1871. 


Approved 
Jan.  8,  1857. 


and  that  1 hey  perform  their  duties,  and  shall  report  every 
failure  promptly  to  the  Mayor,  whose  orders  as  to  Police 
service,  he  shall,  as  far  as  practicable,  cause  to  be  faithfully 
executed. 

Art.  262.  [L]  Whenever  any  penalty  or  fine  is  imposed 
for  a violation  of  an  Ordinance  in  this  city,  it  shall  be  the 
duty  of  the  Chief  of  Police  to  cause  the  same  to  be  enforced. 

Art.  263.  [I.]  It  shall  be  unlawful  tor  any  person,  or 
resident  of  Galveston,  to  make  use  of  or  blow  a whistle  sim- 
ilar to  that  used  by  the  City  Police,  (with  a pea  in  the  end 
of  it,)  and  that  any  person  or  persons  caught  in  the  act,  shall 
be  fined  not  less  than  five  dollars  ($5)  nor  more  than  one 
hundred  dollars  ($100). 


CHAPTEE  XXVIII. 

PORT  WARDENS. 

Article  264.  [I.]  The  Mayor,  with  the  approval  of  a 
majority  of  the  City  Council,  at  their  first  annual  meeting, 
or  as  soon  thereafter  as  possible,  shall  appoint  two  Port 
Wardens,  who  shall  hold  their  offices  for  one  year,  and  until 
their  successors  shall  have  qualified. 

Art.  265.  [I.j  The  Port  Wardens  shall,  before  they  enter 
upon  their  duties,  take  and  subscribe  to  an  oath,  before  the 
Mayor,  or  any  Justice  of  the  Peace,  resident  in  the  city,  well 
and  truly,  and  faithfully,  to  perform  and  discharge  the  du- 
ties of  their  office,  to  the  best  of  their  several  and  respective 
skill  and  abilities. 

Art.  266.  [II.]  It  shall  be  the  duty  of  the  Port  Wardens 
of  this  Port  to  attend  prom^^tly  to  all  cases  of  surveys  of 
vessels  in  distress,  wrecked,  or  partially  wrecked,  to  survey 
hatches,  storage,  vessels  partially  or  wholly  wrecked,  and 
for  the  security  of  the  parties  concerned,  to  make  return  to 
the  office  of  the  Port  Wardens  of  all  such  surveys,  estimates 
of  damage,  estimates  of  the  cost  of  repairs,  an<l  of  all  mat- 
ters pertinent  to  the  subject,  needful  to  protect  the  rights  of 
all  parties  in  interest,  that  a record  of  the  same  may  be 
made. 

Art.  267.  [III.]  To  discountenance  the  practice  of  many 
Ship  Masters  of  breaking  bulk  after  the  arrival  at  this  j)ort, 
from  a foreign  port,  without  calling  a Port  Warden’s  survey 
of  hatches,  it  shall  be  the  duty  of  Port  Wardens  to  refuse 
to  survey  the  storage  of  goods  found  damaged  on  the  voy- 
age of  importation  on  board  of  any  such  ship  or  vessel,  which 
shall  have  broken  bulk  without  having  previously  called  a 
Port  Warden  for  a survey  of  hatches.^ 


Art.  268.  |IV.]  For  the  services  of  Port  Wardens,  the 
following  sums  may  be  charged  and  collected  to  their  use, 
and  which  shall  be  divided  equally  between  them,  to-wit : 
For  a hatch  survey,  including  storage  survey  on  goods  at 
the  same  visit,  five  dollars ; for  storage  survey  on  goods  for 
each  visit,  when  called  upon  by  the  Master  or  Agent  of  a 
vessel,  two  dollars ; for  a ship  survey,  over  all  above  water,  ^ 
ten  dollars ; for  a hull  survey,  after  heaving  out,  ten  dollars ; 
for  estimate  of  damage,  and  the  cost  of  repairs,  and  for  ori- 
ginal copies  in  duplicate  thereof,  Ii^otarial  fees  for  writing 
instruments,  to-wit:  twenty-five  cents  for  every  hundred 
words  y for  every  second  copy  of  papers,  fifty  cents  for  every 
page  of  writing  certified. 

Art.  269.  [Y.]  In  all  cases  of  ship  or  hull  surveys,  and 
of  surveys  of  goods  exceeding  five  packages,  both  Port  War- 
dens shall  give  their  personal  attendance ; and  upon  all  sur- 
veys out  of  the  limits  of  the  City  of  Galveston,  the  exi3enses 
of  travel  in  going  to  and  returning  from  the  place,  actually 
paid,  may  be  charged  for. 

Art.  270.  | YI.J  For  all  abuses  of  power  and  authority, 
and  for  all  misconduct  in  the  discharge  of  the  duties  of  the 
office,  the  said  Port  Wardens,  or  either  of  them,  upon  com- 
plaint made,  shall  be  liable  to  be  punished  by  removal  from 
office. 


CHAPTER  XXIX. 

PRACTICE. 

Article  271.  [II.]  Proceedings  before  the  Recorder  for  Approved 
violations  of  the  city  ordinances  or  laws,  shall  be  instituted  Jan.  8,  1857. 
or  commenced  by  filing  of  a written  complaint  specifying 
the  charge  made  against  the  person  accused,  with  reasona- 
ble certainty;  which  information  or  complaint  shall  be 
sworn  to,  unless  the  same  be  made  and  presented  by  an 
officer  of  the  city  government,  in  which  case  it  need  only  be 
in  writing. 

Art.  272.  |IIL]  The  appearance  of  the  person  accused 
to  answer  said  charge  shall  be  coerced  by  a summons,  or  a xitfe^ii^o^ 
warrant  of  arrest,  as  in  the  opinion  of  the  Recorder  the  the  Charter, 
exigency  of  the  public  service  may  require;  which  process 
shall  be  executed  by  a Policeman  of  said  city,  in  like 
manner  as  process  from  a Justices  court,  provided,  however.  See  Article 
that  nothing  herein  shall  be  so  construed  as  to  prevent  any  Till,  Title  III 
Policeman  of  the  city  making  arrest  without  process  for  Char- 

any  breach  of  the  city  laws  committed  in  his  presence  and 
view;  or  in  any  of  the  contingences  in  which  a Sheriff, 

Coroner,  or  other  executive  officer  of  the  State  would  by 
the  laws  of  the  State  be  justified  in  so  doing. 


64 


See  Art.  X,  Art.  273.  [IV.]  The  City  Clerk  shall  keep  a docket  in 
Title  III,  of  which  he  shall  enter  all  informations  and  complaints  made 
the  Charter.  ]30fQj.0  the  Eecorder  for  infractions  of  the  city  ordinances, 
entering  the  substance  thereof  and  the  time  when  made, 
or  filed,  the  process  issued  thereon,  when  the  same  is 
returnable,  and  the  return  thereof,  and  he  shall  also  enter 
the  time  of  the  trial  of  such  information  or  complaint,  and 
the  judgment  of  the  Eecorder  thereon. 

Art.  274.  [V.J  Process  to  compel  the  appearance  of 
witnesses  shall  be  issued  by  the  Eecorder  upon  the  applica- 
tion of  the  complainant  or  informant,  or  of  the  person 
charged,  in  the  same  manner  as  like  processes  on  trials 
before  Justices  of  the  Peace,  which  process  shall  be  served 
by  a Policeman,  or  by  the  parties  who  shall  apply  therefor, 
provided  that  returns  of  service  when  made  by  persons 
other  than  the  Policeman  shall  be  under  oath. 

Art,  275.  [VI.]  Upon  all  trials  of  such  complaints 
or  informations  before  the  Eecorder,  if  either  party, 
that  is  to  say,  the  complainant  or  informant  on  the  one  side, 
or  the  person  accused  or  charged  upon  the  other,  shall 
demand  a trial  by  jury,  it  shall  be  the  duty  of  the  Eecorder 
to  issue  his  writ  to  a Policeman  to  summon  a jury  conform- 
ing in  all  things,  as  well  with  respect  to  the  qualifications 
of  the  persons  selected  to  act  as  jurors,  as  the  summoning 
and  empanneling  and  the  compensation  of  such  jurors,  to 
the  statutes  of  the  State  of  Texas  regulating  juries  in  the 
courts  of  the  Justices  of  the  Peace. 

Art.  276.  [VII.]  All  sums  of  money  specifically  named 
and  mentioned  in  each  and  every  ordinance  of  the  city,  as 
the  fine  or  penalty  to  be  imposed  for  a violation  of  the 
provisions  thereof  respectively  shall  be  held,  deemed  and 
taken  to  be  the  maximum  or  highest  and  largest  penalty 
to  be  imposed  for  a violation  of  any  such  ordinance,  and 
that  the  Eecorder  or  other  judicial  officer,  in  enforcing  any 
of  the  said  ordinances,  in  the  exercise  of  a sound  discretion, 
may  discriminate  in  the  infliction  of  said  penalty,  according 
to  the  circumstances  of  each  particular  case,  and  impose  a 
sum  as  punishment  upon  the  person  convicted;  provided, 
always,  that  no  fine  or  pecuniary  penalty  imx^osed,  shall  be 
less  than  one  dollar,  which  is  hereby  declared  to  be  the 
minimum  in  all  cases. 

SeeArt.Xli  Art.  277.  [VIII.]  In  all  cases  the  entire  amount  of  the 
Title  X, of  the  fine  im];)osed  for  any  violation  of  the  city  ordinances,  shaU 
Charter.  Treasury  for  the  use  of  the  city,  except 

ed  Oct.Xl867'  penalties  designated  in  Art.  VI,  Title  VII  of,  the 

’ Charter. 


65 


Aet.  278.  I IX.]  The  Eecorder  slipdl  be,  and  is  hereby 
authorized  in  exercise  of  a sound  discretion,  to  remit  entirely 
and  absolutely  any  peeuniary  or  other  penalty,  or  he  may 
respite  the  collection  or  infliction  thereof,  until  the  next 
meeting  of  th^  Board  of  Aldermen,  when  he  shall  report 
the  case  together  with  the  alleviating  circumstances  thereof 
for  the  action  of  the  Board. 

Akt.  279.  jXL]  Wheneverafineor  other  pecuniary  pen-  As  amend- 
alty  shall  be  imposed  on  any  xiersou  for  a violation  of  the  city  5, 

ordinances,  the  Eecorder  in  the  exercise  of  his  discretion 
may  order  the  person  convicted  thereof  into  the  custody 
of  the  Chief  of  Police  to  be  by  him  imprisoned  for  the  space 
of  fifteen  days  unless  the  hue  and  all  costs  be  sooner  paid ; 
or  he  may  issue  an  execution  directed  to  the  Chief  of  Police,  g^e  Sec.  53, 
commanding  him,  of  the  property  of  the  defendant,  by  levy,  Art.  Ill,  Title 
distress  and  sale  thereof,  to  make  the  amount  of  said  fine  l^^^T 
or  penalty  and  all  costs,  but  if  no  such  property  can  be 
found,  then  that  the  said  Chief  of  Police  shall  arrest,  seize 
and  take  into  his  custody  the  body  of  the  said  person,  and 
him  imprison  in  the  county  jail  within  the  city  for  the  space 
of  fifteen  days,  unless  the  said  fine  or  penalty  and  all  costs 
be  paid  before  the  expiration  of  said  period  of  time. 


CHAPTEE  XXX. 

PUBLIC  PEACE. 

Aeticle  280.  [I.]  It  shall  be  the  duty  of  every  keeper  Approved 
of  a Coftee-House,  Eestauraut,  Grog-Shop,  or  Tippling- 
House,  the  proprietor  or  keeper  of  all  Billiard  Tables,  Xine 
or  Ten-Pin  Alleys,  and  of  every  other  person  or  persons 
keeping  a Public  House,  to  preserve  good  order  within  the  gee  Sec.  13j 
same,  and  to  prevent  all  persons  who  may  be  therein  from  Art.  Ill,  Title 
disturbing  the  peace  and  tranquility  of  the  neighborhood  by  tke 

cries,  vociferation,  songs,  or  any  noise  or  disturbance  what- 
ever  ^ and  every  person  keeping  any  of  the  above  enumer- 
ated houses,  who  shall  permit  or  tolerate  such  disorder 
within  his  or  her  house,  shall  be  subject  to  a fine  of  not  ex- 
ceeding twenty-five  dollars;  and  in  every  case  where,  from 
repetition  of  such  disorders,  noises,  or  disturbances,  such 
house  may  be  considered,  in  the  opinion  of  the  Mayor,  an 
ill-governed  and  disorderly  house,  and  tending  to  the  dis- 
turbance of  the  public  peace  and  tranquility  of  the  neigh- 
borhood, the  Mayor  may,  upon  complaint,  revoke  any  license 
which  may  have  been  issued  to  the  keeper  thereof ; and  if 
such  person  be  aggrieved  by  the  action  of  the  Mayor  in  the 
premises,  he  may  appeal  to  the  City  Council. 


66 


See  Sec.  1,  AuT.  281.  [II,]  It  shall  be  the  duty  of  the  Chief  of  Po- 
Art.  VIII,  Ti^lice,  and  other  officers  aud  members  of  the  City  Police,  to 
ch  enter  each  and  every  codee-house,  grog-shop,  tippliiig-hoiise, 

Charter.  taverns,  inns,  or  any  other  public  house  within  the  limits  of 
tlie  city,  ill  order  to  take  cognizance  of  ail  offences  and  dis- 
orders committed  therein,  and  to  report  the  same  to  the 
Mayor,  giving  him  information  of  all  such  offences  and  dis- 
orders committed  therein,  which  may  come  or  fall  under  liis 
knowledge ; and  the  Chief  of  Police  shall  have  power,  when- 
ever any  disorderly  conduct,  or  disturbance  of  the  public 
peace  or  tranquility  shall  be  permitted  or  allowed  in  any  of 
the  houses  or  places  referred  to  in  this  or  the  pi’cceding  Sec- 
tion, ill  the  night  time,  to  close  such  house  or  houses  for  the 
night. 

Akt.  282.  [III.J  Any  person  who  shall  be  guilty  of  fight- 
ing, quarreling,  or  any  riotous  or  disorderly  conduct  in  the 
streets,  houses,  or  elsewhere,  within  the  limits  of  said  city, 
or  shall  be  guilty  of  abusing,  provoking  or  disturbing,  either 
by  words  or  action,  any  [lerson  or  persons,  going  or  walking 
in  any  street,  road,  or  public  way,  or  elsewhere,  or  shall 
show  or  expose  in  public  any  sign,  writing,  drawing,  print, 
caricature,  statue,  or  other  object,  which  may  excite  scan- 
dal, or  disturb  the  public  peace,  or  shall  break  down,  dis- 
tiirli,  injure,  or  carry  away  any  fence,  or  ally  part  thereof,  or 
the  steps,  or  the  doors  of  houses,  (without  being  authorized 
by  the  owner,)  or  shall  deface,  break,  or  carry  away  any 
sign  board,  or  plate,  indicating  the  occupation  or  business  of 
any  person,  he,  she  or  they  so  offending  against  any  of  the 
provisions  of  said  Ordinance,  herein  before  mentioned,  shall, 
for  each  and  every  offence,  be  subject  to  a fine  of  not  less 
than  one  dollar,  nor  more  than  one  hundred,  to  be  recovered 
before  the  Eecorder,  or  any  court  of  competent  jurisdiction ; 
and  such  person  so  offending,  shall  moreover  be  liable  to  be 
required  to  give  a bond  for  his,  her  or  their  good  behavior, 
and  to  keei)  the  peace  for  a term  of  not  less  than  twelve 
months ; Provided,  the  bond  so  required  shall  not  be  less 
than  two  hundred  dollars,  nor  more  than  five  hundred  dol- 
lars. 

Art.  283.  fIV.]  If  any  person  or  persons  shall  insult, 
disturb,  or  molest  any  religious  meeting  assembled  for  wor- 
ship, or  any  other  meeting  assembled  for  any  other  purpose, 
See  Sec  29  with  religious,  benevolent,  educational,  or  other 

ArtMlL  Title  like  lawful  purpose,  by  any  riotous  or  disorderly  conduct,  in 
IV,  * of  the  or  near  the  place  where  such  meeting  is  being  held,  by  any 
Charter.  noise,  tumult,  loud  cries,  vociferation,  blowing  of  horns,  sing- 

ing, or  making  any  other  noise  or  disturbance  whatever,  with 
the  intent  or  purpose  to  interrupt,  harrass,  vex,  annoy,  or 
interfere,  with  such  meeting,  he  or  they  so  offending,  shall 


67 


# 

be  punished  by  u tine  not  exceeding  fifty  dollars,  or  by  im- 
prisonment not  exceeding  fifteen  days,  or  by  both  fine  and 
iinprisonment,  at  the  discretion  of  the  Eecorder;  and  it  is 
hereby  made  the  duty  of  the  Chief  of  Police,  and  of  every 
other  executive  officer  of  the  City  Police,  upon  view  of  the 
commission  of  any  ofi'ence,  provided  against  in  this  Section, 
to  arrest  the  ofiender  or  offenders,  and  take  him  or  them  be- 
fore the  Kecorder,  and  enter  the  complaint  against  them ; 

Provided,  that  aL  complaints  for  violation  of  this  Section 
be  made  within  thirty  days  alter  the  commission  of  the 
offence. 

Art.  284.  [Vl.J  If  any  person  or  persons  shall  play  at 
any  tavern,  inn,  store  house,  house  for  retailing  liquors,  or 
any  other  public  house,  or  in  any  street,  or  in  any  other  pub- 
lic place,  or  in  any  outhouse,  where  people  ^‘esort,  within 
the  limits  of  the  City  of  Galveston,  at  any  game,  or  games, 
with  cards,  or  dice,  lor  money,  or  other  valuable  considera- 
tion, such  person  or  persons  so  playing,  shall  be  deemed 
guilty  of  a misdemeanor,  and  for  each  and  every  such  offence, 
on  conviction  thereof,  before  the  Kecorder  of  said  city,  shah 
be  subject  to  a fine  of  not  less  than  one  dollar,  nor  more  than 
one  hundred  dollars. 

Art.  285.  [VII.]  If  an^'  person  or  persons  shall  here- 
alter  be  guilty  of  keeping  or  exhibiting  any  gaming-table, 
called  A,  13,  C,  or  E,  D,  or  routelle,  rowiey-powley,  or  rouge 
et  noir,  or  shall  keep  or  exhibit  any  other  gaming  table,  or 
bank,  of  the  like  kind,  or  of  any  other  description,  under  any 
other  name  or  denomination,  or  without  any  name  therefor, 
or  shall  be  in  any  maimer  interested  or  concerned  in  keep- 
ing, exhibiting  or  carrying  on  any  such  table,  bank  or  game 
at  any  place  whatsoever,  within  the  limits  of  said  city,  each 
and  every  person  so  offending,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  collection  thereof,  for  each  and  every 
such  offence,  shall  be  fined  in  a sum  not  less  than  fifty  dol- 
lars, nor  more  than  one  hundred  dollars,  to  be  recoverable 
before  the  Kecorder  or  any  court  of  competent  jurisdiction. 

Art.  286.  [YIIL]  If  any  person  or  persons  shall  be  con 
cerned  in  betting  at  any  of  the  gaming  tables,  bank  or  banks, 
in  the  last  Section  of  this  Ordinance,  enumerated,  such  per- 
son or  persons  so  offending,  for  each  and  every  such  offence, 
on  conviction  thereof,  before  the  Recorder  of  said  city,  or 
any  court  of  competent  jurisdiction,  shall  be  fined  in  a sum 
of  not  less  than  ten,  nor  more  than  one  hundred  dollars. 

Art.  287.  [IXy  All  vagrants,  idle  or  disorderly  persons,  See  Sec.  31, 
all  persons  of  eviriife,  or  ill-fame,  all  such  persons  as  have^^^-IIl»™® 
no  visible  means  of  support,  or  are  likely  to  become 
chargeable  to  the  city  as  paupers,  all  personsVho  may  be 
found  begging,  or  drunk,  in  and  about  the  streets,  or  loiter- 


68 


iiig  in  and  about  tippling-bouses,  and  who  can  show  no  rea- 
sonable course  of  business  in  the  city,  ail  who  have  no  fixed 
place  of  residence,  but  who  are  found  strolling  and  wander- 
ing about,  all  who  are  grossly  indecent  in  language  or  beha- 
vior publicly  in  the  streets,  all  public  prostitutes,  or  such 
as  lead  a notorious,  lewd,  or  lascivious  course  of  life,  shall  be 
deemed  and  considered  offenders  against  the  peace  and  good 
order  of  tlie  city ; and  it  shall  be  the  duty  of  the  Chief  of 
Police,  and  all  other  Police  Officers  of  the  city,  to  arrest  ail 
such  ])ersons  as  aforesaid,  and  take  and  carry  them  before 
the  Eecorder  for  examination ; and  if,  upon  examination,  the 
person  or  persons  so  arrested,  shall  be  found  to  be  obnox- 
ious to  the  provisions  of  this  Section,  it  shall  be  the  duty  of 
the  Eecorder  to  require  security  from  all  such  j>ersoiis,  to 
keep  the  peace,  and  be  of  good  behavior,  for  a reasonable 
time,  not  exceeding  twelve  calendar  months ; and,  moreover, 
to  indemnify  tise  said  city  against  any  charge  for  his,  her  or 
their  support ; and  in  case  of  refusal  or  inability  to  give  such 
security,  the  person  or  persons  so  refusing,  or  found  un- 
able, shall  be  committed  to  some  place  of  confinement  for  a 
limited  time,  not  exceeding  fifteen  days,  according  to  the 
nature  of  the  offence,  unless  the  security  required  be  sooner 
given ; Provided,  that  the  security  required  shall,  in  no  case, 
exceed  five  hundred  dollars. 

Aut.  288.  [X.]  That  the  Eecorder  shall  appoint  the 
Chief  of  Police,  or  some  other  suitable  or  competent  person 
or  persons,  keepers  of  the  persons  committed  to  custody 
under  the  provisions  of  the  preceding  section,  whose  duty 
it  shall  be  to  take  the  persons  so  confined  .from  the  place  of 
confinement,  and  put  them  to  labor  in  such  place  and  man- 
ner as  the  City  Council  may  direct,  for  the  benefit  of  the 
city.  Provided,  that  the  said  prisoners  shall  be  daily  returned 
from  their  labor  to  the  place  of  confinement  at  or  before 
sundown,  and  provided  also  that  the  Chief  of  Police  or 
other  keeper  or  keepers  of  the  said  prisoners,  shall  furnish 
them  with  a sufficient  supply  of  good  and  wholesome  provis- 
ions at  the  charge  and  expense  ot  the  city. 

See  Sec.  46,  Art.  289.  [XI.]  It  shall  be  unlawful  for  any  person  or 
Art.  Ill,  Title  persons  to  keep  a bawdy  house  or  house  of  ill-fame,  or  any 
pTi  house  which  persons  may  frequent  for  the  purpose  of  pros- 

lar  ei . titution,  anywhere  within  that  portion  of  the  city  situated 
and  included  between  Seventh  and  Thirty-first  streets,  and 
Avenues  A and  M,  and  any  and  every  person  offending 
against  the  provisions  of  this  section  shall,  on  conviction 
thereof,  be  fined  in  the  sura  of  not  exceeding  one  hundred 
dollars,  and  if  the  same  be  not  paid,  shall  be  imprisoned  for 
fifteen  days. 


69 


x\.RT.  290.  fXIL]  Any  person  or  persoiJS  who  shall  rent 
or  hire  any  house,  tenement,  or  x^remises  to  be  used  as 
a bawdy  house,  assignation  house,  or  for  the  purposes  of 
prostitution,  or  shall  rent  any  house,  tenement,  or  premises 
to  a prostitute,  bawd,  or  i^erson  of  ill-fame,  or  generally 
known  to  be  of  such  character,  shall  on  conviction  thereof, 
be  lined  m a sum  of  not  exceeding  one  hundred  dollars  for 
each  and  every  offence. 

Akt.  291.  [XIY.J  No  i)ersou  or  |)ersons  shall  be  ]}eT- 
mitted  to  give  a public  ball  or  keei3  a dance  house  within  the 
city  of  Galveston,  unless  he,  she  or  they  shall  first  obtain 
from  the  Mayor  a permit;  and  any  person  or  persons  who  shall 
give  any  such  public  ball  or  keei3  a dance  house  without 
first  having  so  obtained  a "permit  for  that  x>urpose, 
shall  be  liable  to  x>ay  a fine  of  not  less  than  ten,  nor  more 
than  fifty  dollars,  provided,  however,  that  no  permit  shall 
be  given  for  more  than  one  ball,  and  shad  also  specify  the 
time  and  x^lace  of  holding  the  same. 

Art.  292.  [XY.]  It  shall  be  tlie  duty  of  any  person  or  Ae  amend- 
X)ersons  keex^ing  any  x^ublic  dance  house,  or  giving  any 
|3ublic  ball,  to  have  the  Chief  of  Police,  or  two  Policemen 
designated  by  him,  in  attendance  at  all  such  balls  or  dances 
for  the  x>urpose  of  enforcing  order,  for  which  service  the 
said  Policeman  in  attendance  shall  be  authorized  to  receive 
from  tlie  prox>rietors  thereof  the  sum  of  five  dollars  each, 
and  any  x>^i'son  or  persons  failing  to  comply  with  the 
|3rovisions  of  this  section,  unless  as  hereinafter  x^rovided, 
shall  be  fined  in  a sum  of  not  less  than  ten,  nor  more  than 
fifty  dollars  for  each  and  every  offence ; x^rovided,  however, 
that  if  when  obtaining  a license  from  the  Mayor  of  the  city, 
the  permit  required  by  section  14  of  this  ordinance,  the 
X)rox3rietor  of  said  dance  house,  or  giver  or  givers  of  said 
ball,  shall  file  with  the  Mayor  a bond  with  two  or  more 
sureties,  to  be  ax^proved  by  him,  x^nyable  to  the  city  of 
Galveston,  in  the  sum  of  one  hundred  dollars,  conditioned 
that  the  said  dance  or  ball  shall  be  conducted  in  an  orderly 
manner,  that  the  public  peace  shall  be  preserved,  then  the 
attendance  of  said  two  policemen  shall  be  dispensed  with. 

Art.  293.  [XYI.]  Should  any  riot  or  disturbance  of 
good  order  take  x^lace  at  any  such  ball  or  dance,  unless  it  be 
immediately  suppressed,  it  shall  be  the  duty  of  the  officers 
in  attendance  to  cause  the  same  to  be  closed  forth v/ith,  and 
any  x^rox3rietor  or  proprietors  of  any  public  ball  or  dance 
house,  failing  or  refusing  to  comply  with  the  provisions  of 
this  section,  shall  be  liable  to  a fine  of  not  less  than  ten, 
nor  more  than  fifty  dollars. 


70 


CHAFTEE  XXXI. 

PUBLIC  SQUARES — CONCERNING  BLOCKS  310  AND  320. 

Approver!  ARTICLE  294.  [I.]  The  Sux)eriiitendeiit  of  Streets  be 
Nov.  21, 1871.  he  is  hereby  authorized  and  directed  to  cause  Block 
310,  of  the  Oity  of  Galveston,  to  be  enclosed  with  a rough 
board  fence,  and  plant  Block  Xo.  310  and  Block  Xo.  320  with 
trees  and  shrubbery. 

Sec.  1,  Art.  Art.  29o.  [II.]  The  sum  of  Oiie  Thousand  Dollars  (Five 
HI,  Ticie  IV,  Hundred  Dollars  for  each  Block),  or  so  much  thereof  as  may 
oi  thG  Char-  necessary,  be  and  is  hereby  appropriated  to  defray  the 
exxiense  of  the  enclosure  and  planting  herein  authorized, 
and  that  the  Mayor  shall,  on  the  approval  of  the  Superin- 
tendent of  Streets,  issue  his  warrant  for  the  same,  payable 
out  of  any  funds  in  the  treasury  not  otherwise  appropriated. 


CHAFTEE  XXXII. 

QUARANTINE. 

Articue  296.  |L]  All  vessels  arriving  within  the  Bay 
Galveston  from  any  ports  or  jdaces  beyond  the  limits  of 
184K  ' State  of  Texas,  are  hereby  declared  to  be  subject  to 

See  Sec.  15,  such  Quarantine  regulations  as  are  hereby  xirescribed  by  this 
Art.  HI,  Title  Ordinance. 

lI’TiCeVHl  Art.  297.  fll.]  The  Quarantine  anchorage  shall  be 
of’  tbe^^Char-  abreast  of  Mesquite  Island,  and  all  vessels  subject  to  Quax- 
tor. antine  shall  immediately  upon  their  arrival  Irom  sea,  pro- 

See  state  ceed  to  and  be  anchored  at  the  place  assigned  for  Quaran- 
Laws  of  1870  Hne,  and  shall  there  remain  with  their  officers,  passengers, 
0 crew,  during  the  time  of  their  Quarantine  ; to  be  pre- 

luc.  by  the  Health  Officer,  but  not  in  any  case  to  exceed 

twenty  days ; Frovided,  that  when  Quarantine  shall  have 
been  declared  by  the  Governor  of  the  State  of  Texas,  said 
vessels  shall  remain  at  the  Quarantine  anchorage  for  the 
term  that  may  be  prescribed  by  the  Governor  in  his  procla- 
mation establishing  Quarantine. 

Art.  298.  [III.]  The  Health  Officer  to  be  appointed  by 
the  Mayor  with  the  approval  of  a majority  of  the  City  Coun- 
cil, under  the  provisions  of  this  Ordinance,  shall  board  every 
vessel  subject  to  Quarantine,  immediately  on  her  arrival, 
and  make  strict  inquiry  into  the  health  of  the  crew  and 
passengers,  and  into  the  state  and  condition  of  the  vessel 
and  cargo.  And  in  the  discharge  of  his  duty  he  may  put  all 
such  questions  to  the  persons  on  board,  as  he  shall  judge 
necessary  and  x>roper,  to  enable  him  to  ascertain  the  condi- 
tion of  the  vessel  and  the  Quarantine  to  which  she  ought  to 
be  subjected.  And  the  persons  to  whom  such  questions 


71 


shall  be  put,  shall,  if  required,  answer  the  same  under  oath, 
which  the  Health  Officer  is  hereby  authorized  to  administer. 
And  the  Health  Officer  shall  make  a report  to  the  Mayor 
containing*  all  such  information  as  may  be  necessary  to  en- 
able him  to  determine  what  measures  in  relation  to  vessels 
and  passengers  ought  to  be  adopted,  and  to  prevent  and 
punish  violations  of  the  provisions  of  this  Ordinance. 

Akt..  299.  I IV.]  When  the  period  of  Quarantine  pre- 
scribed for  any  vessel  has  expired,  if  the  Health  Officer  shall 
judge  the  vessel  and  cargo  free  from  infection,  he  shall 
relieve  the  vessel  from  Quarantine,  but  no  vessel  shall  be 
allowed  to  remove  from  the  Quarantine  ground  without  a. 
written  permit  from  the  Health  Officer. 

Art.  300.  [V.]  Ho  lighter  or  other  vessel  shall  be  em- 
plo^'ed  to  unload  vessels  at  the  Quarantine,  or  to  remove 
any  of  the  passengers  or  crew  therefrom  without  the  per- 
mission of  the  Health  Officer,  when  they  may*  be  subject  to 
such  restrictions  as  may  be  imposed  by  the  Health  Officer ; 
Provided,  that  all  mails  may  be  landed  at  the  earliest  period 
deemed  safe  by  the  Health  Officer. 

Art.  301.  fVI.]  The  master  or  other  officer  in  command, 
or  clerk  of  every  vessel  arriving  at  the  Quarantine  ground, 
shall  make  a report  in  Avriting  to  the  Health  Officer,  of  the 
name,  age  and  last  legal  residence  of  every  x^assenger  or 
hand  on  board  of  such  vessel ; and  no  such  hand  or  pas- 
senger shall  be  allowed  to  leave  the  vessel  without  the 
written  permission  of  the  Health  Officer. 

Art.  302.  fVIII.]  The  master,  owner  or'  consignee,  of 
every  vessel  subject  to  Quarandne,  shall  forthwith,  upon 
the  requisition  of,  and  under  the  direction  of  the  Health 
Officer,  cause  such  vessel,  her  cargo  and  clothing  to  be  puri- 
fied ; and  shall  cause  such  vessel  to  be  fumigated  with 
mineral  acid  gas,  when  required  by  the  Health  Officer. 

Art.  303.  [IX.]  The  Health  Officer,  if  he  shall  judge  it 
necessary  to  x^revent  infection  or  contagion,  may  cause  any 
bedding  or  clothing  on  board  a vessel,  subject  to  Quarantine, 
or  any  portion  of  her  cargo,  that  he  may  deem  infected,  to 
be  destroyed. 

Art.  304.  [X.]  Every  master  of  a vessel  who  shall 
either  give  false  information  relative  to  the  condition  of  his 
vessel,  crew,  passengers  or  cargo,  or  refuse  to  give  such 
information  as  shall  be  lawfully  required,  or  who  shall  land 
any  person  from  his  vessel,  or  unload,  or  tranship  any  por- 
tion of  his  cargo,  before  his  vessel  shall  have  been  visited 
or  examined  by  the  Health  Officer,  shall  be  guilty  of  a mis- 
demeanor and  for  each  offence  shall  be  fined  in  a sum  not 
exceeding  one  hundred  dollars,  ($100.) 


72 


Art.  305.  [XI.]  Eveiy  pension  who  shall  willingly  or 
knowingly  oppose  or  obstruct  the  Health  Officer  in  performing 
the  duties  required  of  him  in  this  Ordinance,  shall  be  guilty 
of  a misdemeanor  5 the  fine  for  each  offence  not  to  exceed 
one  hundred  dollars  ($100,)  nor  the  imprisonment  fifteen 
days. 

Art.  306.  [XII.]  Every  master  of  a vessel  subject  to 
Qiiarntine,  arriving  in  the  bay  from  sea,  or  who  shall  refuse  or 
neglect,  either  1st,  To  proceed  with  and  anchor  his  vessel 
at  the  place  assigned  for  Quarantine  at  the  time  of  his 
arrival.  2d,  To  submit  his  vessel,  cargo  ana  passengers, 
to  the  examination  of  the  Health  Officer,  and  to  furnisli  all 
necessary  information  to  enable  that  officer  to  determine  at 
what  length  of  Quarantine  and  otlier  regulations  they 
ought  respectively  to  be  subject.  3rd,  To  remain  with  his 
vessel  at  Quarantiee  during  the  period  assigned  for  her 
Quarantine,  ^id  whilst  at  Quarantine  to  comxfiy  v/ith  the 
directions  and  regulations  of  this  Ordinance,  and  with  such 
orders  as  the  Health  Officer,  by  viitue  of  this  Ordinance 
may  gwe,  shall  be  liable  to  a fine  of  one  hundred  dollars,  or 
fifteen  days  imprisonment ; and  every  other  person  obstruct- 
ing said  officer  in  the  discharge  of  his  duty,  shall  be  liable 
to  a like  penalty. 

Art.  307.  [XIII  ] Whenever  any  fine  shall  be  imposed 
by  the  provisions  of  this  act,  the  person  or  persons  so  con- 
victed to  pay  such  fine,  shall,  in  the  discretion  of  the  Mayor, 
stand  committed  until  such  fine  be  paid,  or  the  person  or 
X>ersons  so  offending,  shall  be  discharged  from  such  impris- 
onment by  due  course  of  law. 

Art.  308.  [XV.]  Any  pilot  who  shall  bring  a vessel 
from  any  port  or  place  in  the  United  States,  beyond  the 
limits  ol  Texas,  with  any  passenger  or  passengers  on  board 
nearer  to  the  city  than  the  Quarantine  ground,  withont  the 
officers,  owners  or  consignees  of  such  vessels,  complying 
with  the.  provisions  of  this  Ordinance,  shall  be  liable  to  a 
fine  of  one  hundred  dollars,  to  be  collected  as  other  fines. 


CHAPTEE  XXXIII. 

SANITARY  REaiJLATlONS. 

Approved  ARTICLE  309.  [I.]  The  City  Council,  whenever  in  their 
Jan.  22,  1857.  opinion  it  shall  become  necessary,  shall  appoint  an  officer 
See  Art.  I,  in  each  ward,  who  shall  be  styled  Health  Inspector  for  said 
of  ward,  whose  duty  it  shall  be,  1st  To  ascertain  every 
ec  arter.  which  may  exist  in  his  district,  and  forthwith  to 

report  the  same  to  the  Mayor  in  writing.  2nd,  To  enter 
upon  the  premises  and  into  the  house  of  every  person  in  his 


73 


district  as  often  as  he  may  deem  necessary,  or  the  Council 
may  order,  and  to  examine  into  the  health  and  number  of 
persons  inhabiting  the  house,  and  the  cleanliness  of  the 
premises,  inspecting  the  vaults,  privies  &c.,  on  such  prem- 
ises ; and  3d.,  Execute  such  orders  and  resolutions  of  the 
Council  as  may  be  made  upon  the  subject  of  the  public 
health,  and  in  such,  manner  as  they  may  direct. 

Aut.  310.  [II.]  Said  appointments  shall  continue  only 
during  the  pleasure  of  the  Council,  and  the  compensation 
to  be  paid  for  the  performance  of  the  duties  shall  be  fixed 
by  resolution  of  the  Council  at  the  time  appointments 
shall  be  made. 

Aut.  311.  [III.]  The  keeper  or  proprietor,  of  any  hotel.  See  Art.  Il, 
tavern,  boarding  house,  or  inn,  in  which  any  inmate  thereof 
shall  be  sick  with  small-pox,  varioloid,  yellow  fever,  or  charter^ 
other  infectious  or  pestilential  disease,  shall,  upon  such  fact 
coming  to  his  knowledge,  forthwith  report  the  same  to  the 
Health  Physician  5 and  his  or  her  neglect  or  refusal  so  to 
do,  shall  subject  every  person  so  neglecting  or  refusing  to  a 
penalty  of  fifty  dollars  for  each  and  every  offence. 

Art.  312.  [l.|  The  Health  Physician  shall  have  power  Approved 
to  order  and  enforce  the  drainage  and  filling  up  of  any  lot, 
grounds,  yards  or  any  other  place  in  the  city,  whose  condi- 
tion he  may  deem  to  be  unwholesome  or  liable  to  become  so. 

Aut.  313.  [II.]  To  cause  all  premises  or  buildings,  of 
every  description  whatever,  to  be  inspected,  cleansed  and 
disinfected. 

Art.  314.  [III.]  To  determine  the  construction,  re- 
pairing, altering  and  removal  of  all  privies,  vaults  and 
sinks ; and  the  material  to  be  used  in  their  construction ; 
and  to  the  cleansing  and  disinfection  of  the  same ; and  shall 
issue  such  orders,  and  establish  such  rules  and  regulations 
as  may  be  necessary  to  collect  and  remove  the  garbage  and 
refuse  of  every  description,  the  existence  of  which  he  may 
deem  detrimental  to  health  or  comfort. 

Art.  315.  [IV.]  To  the  removal  or  isolation  of  any  person.  See  Arts.  1 , 
matter  or  thing,  which  is,  or  in  his  opinion  may  become,  and 

dangerous  to  health  or  life,  and  in  general  to  the  abatement  ’^e^^char- 
and  removal  of  all  nuisances.  The  word  nuisance  or  ter. 
nuisances,  in  this  Ordinance,  shall  be  taken  to  mean  any- 
thing whatever  that  may  affect  the  health,  comfort  or 
morals  of  the  people  of  the  city  of  Galveston. 

Art.  316.  [Y.]  To  establish  such  rules  and  regulations  as 
he  may  think  needful  for  ascertaining  the  number  of  marriages 
and  births,  deaths  and  burials,  and  for  the  disinterment  and 
removal  of  dead  bodies,  within  the  limits  of  the  City  of 
Galveston. 


74 


Art.  317.  [VI.]  To  issue,  from  time  to  tiuie,  such  gene- 
ral and  special  rules,  regulations  and  orders,  (in  harmony 
with  the  provisions  and  purposes  of  this  Ordinance,  and 
not  inconsistent  with  the  Constitution  and  Laws  of  this 
State.)  and  may  alter,  amend  or  rescind  the  same,  as  to  him 
may  seem  necessary. 

Art.  318.  [VILJ  Any  person,  corporation,  companj^  or 
body  who  shall  violate  or  resist,  or  fail  to  comply  with  any 
order,  rule  or  regulation  issued  by  the  Health  Physician, 
under  the  authority  of  this  Ordinance,  or  under  the  author- 
ity of  the  Sanitary  Eegulations  of  the  City  Charter,  em- 
braced in  sections  1,  2,  3,  4,  5,  6,  7,  8 and  9,  under  Article  8, 
shall  be  liable  to  a fine  of  not  less  than  $5  or  more  than  $15, 
or  to  imprisonment  in  the  county  jail  for  not  less  than  five 
days  or  more  than  ten  days,  or  shall  work  on  the  public 
highways  of  the  City  of  Oalveston  for  not  less  than  three 
days  or  more  than  six  days ; and  for  any  failure  to  comply 
with  any  rule,  regulation  or  order,  when  a particular  time 
' is  specified  for  its  execution,  shall  be  liable  to  a fine  of  not 

less  than  $5  or  more  than  $15  for  every  day  such  failure  of 
compliance  shall  continue. 

Art  319.  [Vlll.j  Whenever  it  may  be  necessary  to  use 
any  force  to  secure  the  observance  and  execution  of  any 
rule,  regulation  or  order  issued  by  the  Health  Physician, 

» under  the  authority  of  this  Ordinance  or  of  the  City  Charter, 
it  shall  be  the  duty  of  the  Chief  of  Police  to  detail  the 
necessary  men  and  execute  the  same,  upon  a requisition 
made  by  the  Health  Physician,  and  approved  by  the  Mayor 
of  the  City  of  Galveston. 

Art.  320.  [IX.]  All  expenses  incurred  by  the  Health 
Physician,  or  any  one  acting  under  his  authority,  as  well 
as  all  fines  and  penalties  imposed  under  the  authority  of  this 
Ordinance,  or  of  the  City  Charter,  shall  be  a first  and  priv- 
ileged lien  upon  the  real  j)roperty  upon  which,  or  on  account 
of  which,  the  expenses  was  incurred  or  the  ijenalty  imposed, 
for  the  collection  of  which,  suit  may  be  brought  in  the  name 
of  the  City  of  Galveston,  and  recovery  had,  with  costs,  and 
10  per  cent,  interest,  before  any  court  having  jurisdiction 
in  civil  actions ; and  a statement  of  said  expense,  certified 
by  the  Health  Physician,  and  approved  by  the  Mayor,  or  a 
copy  thereof,  shall  be  deemed  ample  and  sufficient  proof 
before  such  court. 

Approved  Art.  321.  [I.]  Be  it  ordained  by  the  City  Council  of 
July  18, 1871.  the  City  of  Galveston,  That  every  lot,  or  parcel  of  ground 
See  Art.  8,  upon  which  any  pool  of  stagnant  w ater  has  accumulated,  or 
Title  VIII,  of  is  likely  to  accumulate,  or  which  in  other  respects  may  have 
the  Charter.  ^ tendency  to  engender  disease,  shall  be  deemed  and  is 
hereby  declared  a pubhc  nuisance ; and  the  owner  or  owners, 


lessee  or  lessees  of  such  lot  or  parcel  of  ground,  upon  being 
notified,  in  writing,  by  the  Mayor  or  Health  Officer,  shall 
fill  up  the  same  with  sand  or  earth,  and  cleanse  or  purify 
the  same,  or  cause  it  to  be  done,  in  such  mode  and  manner, 
and  within  such  space  of  time  as  may  be  limited  and  desig- 
nated in  such  notice  5 and  in  filling  up  said  lot  or  parcel  of 
ground  shall  conform  to  such  grade  as  the  City  Council  shall 
establish,  to  the  satisfaction  ot  the  Health  Officer  of  the 
City. 

Art.  322.  [II.J  That  it  shall  be  the  duty  of  the  Health 
Officer  to  inspect,  or  cause  to  be  inspected,  within  twenty 
days  after  this  Ordinance  takes  efiect,  all  houses  in  the  City 
of  Galveston ; and  if  he  shall  find  stagnant  water  under  any 
house  within  said  limits,  he  shall  notify  the  owner  or  agent, 
or  lessee  or  tenant,  to  fill  up  the  space  capable  of  holding 
water,  to  such  height  as  he  may  designate,  within  such 
time  as  he  may  appoint;  and,  if  he  deem  it  necessary,  shall 
re<|uire  any  such  house  to  be  raised,  so  that  there  will  be  at 
least  two  feet  of  space  between  the  earth  surtace  when  filled 
up,  and  the  joists  of  the  lower  floor  of  the  house,  for  venti- 
lation. 

Akt.  323.  I III.]  That  it  shall  be  the  duty  of  the  Health 
Officer  in  making  his  inspection,  to  take  notice  ot  any  1111 
cleanliness  about  aiiy  premises  that  is  likely  to  engender  dis- 
ease, and  to  cause  the  same  to  be  promptly  removed  or  puri- 
fied, in  such  manner  as  he  may  order  ; the  said  cleansing  or 
removal  shall  be  done  by  the  owner  or  tenant  of  the  premises, 
within  such  time  and  in  such  manner  as  the  Health  Officer 
shall  designate. 

Art.  324.  [lY.]  All  notices,  required  by  the  preceding 
sections  shall  be  in  writing,  and  may  be  served  by  the  Health 
Officer,  or,  under  his  direction,  by  the  Police  of  the  City, 
upon  the  owner,  or  agent  of  the  owner,  or  the  tenant  of  the 
premises  offending,  if  resident  in  the  city ; but  if  the  premises 
be  unoccupied,  and  the  owner  is  a non-resident,  and  has  no 
resident  agent,  then  notice  shall  bo  served  by  posting  a 
written  notice  on  the  premises,  and  in  case  the  owner,  or 
agent  of  the  owner,  or  tenant,  shall  fail  or  refuse  to  fill  up, 
raise,  cleanse  or  x)urify  said  premises,  after  being  duly  noti- 
fied, and  required,  as  aforesaid,  in  the  manner  and  within 
the  time  limited  and  appointed  therefor,  he,  she  or  they 
shall  be  liable  to  a fine  of  twenty  dollars  for  each  and  every 
day  the  said  premises  shall  remain  in  its  noxious  condition 
after  the  time  limited  for  the  filling  up,  cleansing  or  purifi- 
cation thereof. 

Art.  325.  [Y.j  On  the  expiration  of  forty-eight  hours, 
after  the  time  limited  in  the  notice,  the  same  not  having 
been  complied  with,  or  only  partially  complied  with,  the 


76 


Health  OfiScer  shall  notify  the  Street  Commissioner  to  pro- 
ceed and  do  the  work  required  by  said  notice ; and  the  Street 
Commissioner  shall  immediately  engage  and  put  to  work 
sufficient  force  of  men  and  teams  to  do  said  work^  keeping 
an  exact  account  of  the  cost  of  the  same,  which  account,, 
with  his  affidavit  of  the  correctness  and  justness  of 
the  same,  he  shall  file  in  the  office  of  the  City  Clerk,  who 
shall  record  the  same  in  a book  kept  for  that  purpose.  The 
said  account  shall  state  the  location  of  the  premises,  the 
number  of  the  lot  and  block,  and  the  owner^s  name,  if  known  ; 
the  amount  of  work,  and  the  nature  thereof  done,  and  the 
exact  cost  thereof,  which  sum  shall  be  charged  against  the 
owner  and  the  premises ; if  the  owner  be  unknown,  against 
the  premises  only. 

Art.  326.  [VI.]  It  shall  be  the  duty  of  the  Mayor  to 
file  a copy  of  said  account,  certified  to  by  him,  as  a state- 
ment of  said  expense,  vdth  the  Clerk  of  the  District  Court 
for  the  County  of  Galveston,  for  record,  and  deliver  the 
account  to  the  attorney  employed  by  the  city  for  collection. 


CHAPTEE  XXXIV. 

PUBLIC  SCALES. 

Approved  ARTICLE  327.  [I.]  Charles  Lemmerman  be,  and  he  is 
Jan.  16, 1871.  hereby  granted,  the  privilege  of  putting  down  a large  Scale 
See  Sec.  24,  on  20tli  Street,  half  way  between  the  fish  market  and  Strand, 
Ill,  Title  centre  of  20th  street ; Provided,  that  the  structure 

Charter  ^ ^ enclosed  SO  as  to  provide  for  the  safety  of  citizens  and 
others  passing  the  same.  Said  Scale  to  be  removed  at  any 
time  when  the  Board  of  Aldermen  shall  so  determine,  at 
the  expense  of  the  owner.  He  shall  at  all  times  be  in  readi- 
ness to  weigh  live  stock  or  anything  else  that  may  offer,  and 
charge  a reasonable  iirice  for  the  same.  The  said  Council 
shall  have  xiower  at  any  time  to  fix  the  scale  of  prices  for 
weighing,  not  to  exceed  one  dollar,  nor  less  than  fifty  cents 
per  draft. 


CHAPTEE  XXXV. 

SLAUGHTER  HOUSES  AND  YARDS. 

Approved  ARTICLE  328.  [L]  Slaughter  House,  or  Slaughter  Yard, 

Jn:  e27,  1671  or  ground  or  premises  used  for  slaughtering  purposes,  shall 
S«e  Sec.  22,  not  be  keptor  allowed  within  the  city  limits  of  the  City  of  Gal- 
A^’t^iii^T  tf  ’ veston,  nor  shaU  there  be  any  fresh  meat  brought  within  the 
lY  the  limits  of  Galveston,  for  the  purpose  of  sale,  and  kex^t 
Chart^n  over  night  in  said  city,  unless  the  same  be  deposited  in  a 


regular  established  market  house ; nor  shall  any  person  be 
allowed  to  kill,  butcher  or  slaughter  any  beef,  veal,  hog, 
sheep  or  goat  within  the  corporated  limits  of  the  City  of 
Galveston.  Every  person  ohending  or  violating  either  of 
the  foregoing  provisions,  shall  be  fined  in  the  sum  of  twenty- 
five  dollars  for  each  and  every  such  offence,  also  the  sum  of 
twenty-five  dollars  for  every  day  so  offending. 

AuT.  329.  [L]  ISTo  Slaughter  House,  Slaughter  Pen,  Approved 

Slaughter  Yard,  ground  or  premises,  or  other  slaughtering  5, 1871. 

establishment,  shall  be  used  within  the  limits  of  the  City  of 
Galveston,  in  the  slaughtering  of  any  beef,  calf  or  other 
horned  cattle,  or  in  the  slaughtering  of  any  hog,  sheep  or 
goat ; and  that  all  such  houses,  pens,  yards,  grounds,  prem- 
ises and  establishments  that  may  be  so  used,  within  said 
limits,  are  hereby  declared  to  be  nuisances. 

Art.  330.  [H.]  That  no  person  shall  exercise,  or  carry  See  Sec.  35, 
on,  within  the  limits  of  the  City  of  Galveston,  any  occupa-  36,  37,  38  and 
tion,  trade  or  business  that  creates  any  stench  or  smell 
oifensive  to  the  senses,  which  either  makes  the  air  unw  hole-  charter^ 

some,  or  renders  the  enjoyment  of  life  and  property  in  the 
neighborhood  uncomfortable } and  the  exercise  or  carrying 
on,  within  said  limits,  every  such  occupation,  trade  or  busi- 
ness, and  the  houses  and  establishments  in  which  said 
occupation,  trade  or  business  shall  be  so  exercised  or  carried 
on,  are  hereby  declared  to  be  nuisances. 

Art.  331.  [III.]  That  each  and  every  day,  or  part  of  a 
day,  any  slaughter  house,  slaughter  pen,  slaughter  yard, 
ground  or  premises,  or  slaughtering  establishment,  may  be 
used  for  any  of  the  purposes  prohibited  by  the  first  section 
of  this  Ordinance,  and  that  each  and  every  day,  or  part  of 
a day,  any  occupation,  trade  or  business  prohibited  by  the 
second  section  of  this  Ordinance,  may  be  exercised  or  carried 
on,  shall  be  adjudged  a separate  offence,  and  shall  be  pun- 
ished accordingly. 

ART.  332.  [IV.]  That  if  any  person  shall  be  found 
guilty  of  a violation  of  any  of  the  jmeceding  sections  of  this 
Ordinance,  the  person  so  offending  shall  be  fined  in  any  sum 
not  less  than  twenty  dollars,  nor  more  than  two  hundred 
dollars ; and  in  default  of  payment,  execution  shall  be  issued 
therefor  against  his  goods,  chattels  and  real  estate,  and  he 
may  also  be  committed  to  jail,  for  any  time  not  to  exceed 
forty  days,  at  the  discretion  of  the  court. 

Art.  333.  [Y.]  That  when  any  house,  pen  or  establish- 
ment, mentioned  in  any  of  the  preceding  sections  of  this 
Ordinance,  shall  be  found  to  be  a nuisance,  the  Eecorder 
shall  issue  a writ  to  the  Chief  of  Police,  ordering  him  to 
abate  the  same. 


78 


CHAPTEE  XXXYI. 

SHOWS,  CIRCUSES  AND  OTHER  EXHIBITIONS. 

Approveti  ARTICLE  334.  [III.  | Every  person  who  shall  keep  or 
Feb.  9,  1859.  exhibit  any  circus  or  equestrian  performance,  menagerie  or 
any  exhibition  of  animals,  or  other  like  exhibition,  shall 
Sec.  16.  employ  not  less  than  three  of  the  City  Police  for  the  purpose 
TTT^u"]  ‘^^^ch  exhibitions,  and  to  preserve  order  and 

onheCbarUr^  therein,  and  shall  pay  to  each  not  less  than  two 

dollars  for  each  exhibition,  and  admit  such  oliicers  tree  of 
charge;  and  a refusal  or  neglect  so  to  do  shall  work  a 
forfeiture  of  the  license  to  exhibit,  and  subject  such  person 
to  a line  of  not  less  than  twenty-five  dollars  for  each 
exhibition. 

Art.  335.  [lY.]  It  shall  be  the  duty  of  the  Chief  of 
Police,  when  applied  to  for  that  purpose,  to  designate  three 
of  the  Police  officers  so  to  attend  said  exhibitioiis,  whose 
duty  it  shall  be  to  attena  such  exhibitions  and  to  ])reserve 
quiet  and  good  order  at  the  same. 


CHAPTER  XXXYII. 

STREETS,  SIDE-WAIJCS  AND  ALLEYB, 

Approved  ARTICLE  336.  [I.J  All  Streets,  avenues  and  alleys  and 
Jan.  31,  1862.  side- walks  in  the  City  of  Galveston,  running  in  a south  and 
As  amend-  north  direction,  and  lying  between  Tenth  and  Forty-first 
ed  June  20,  streets,  as  laid  down  and  designated  on  the  map  of  said  City, 
1866.  p hereby  extended  and  opened  to  the  channel  of  Galves- 

ton Bay,  which  runs  along  the  northern  front  ot  said  City, 
and  each  of  said  streets,  avenues,  alleys  and  side- walks  is 
hereby  made  and  declared  to  be  an  open  and  public  high- 
way throughout  its  extent  to  said  channel,  running  in  the 
same  line  of  direction,  and  of  the  same  width  including  the 
side-walks,  as  said  streets,  avenues  and  alleys,  and  said 
walks  now  are. 

Art.  337.  |II.]  It  shall  not  be  lawful  for  any  person  or 
persons,  company  or  association,  under  any  pretext  what- 
ever, to  encumber  any  or  either  of  said  streets,  avenues, 
alleys  or  side-walks,  by  building,  constructing  or  initting 
up,  or  causing  to  be  built,  constructed  or  put  up,  any  fence, 
building,  wharf,  Teehead  or  other  obstruction,  of  whatever 
kind,  and  any  person  or  persons,  company  or  association, 
offending  against  any  or  either  of  the  provisions  of  this 
Ordinance,  and  any  and  all  persrns  who  shall  aid  and  assist 
in  so  offending,  shall  be  fined  in  a sum  not  less  than  fifty 
dollars,  to  be  recovered  before  the  Mayor  or  Recorder  of  said 


79 


<3ity,  and  shall  also  be  liable  to  be  imprisoned  for  not 
exceeding  fifteen  days ; and  any  person  or  persons^  company 
or  association  so  offending  as  aforesaid,  shall  also  be  liable 
to  a further  penalty  of  not  less  than  tvventy-five  dollars,  nor 
exceeding  one  hundred  dollars,  for  each  and  every  day  any 
such  fence,  building,  wharf,  Teehead  or  other  obstructions, 
of  whatever  kind,  shall  continue  in  any  or  either  of  said 
streets,  avenues,  alleys  or  side-walks  of  said  City. 

It  shall  be  the  duty  of  the  Mayor  to  cause  all  obstruc- 
tions to  be  removed,  which  are  now,  or  may  hereafter  be 
erected  or  placed  in  any  or  either  of  said  streets,  avenues, 
alleys  or  side-walks,  as  extended  and  defined  by  this 
Ordinance,  without  authority  from  the  corx>orate  authorities 
of  said  City  ; and  should  the  Mayor  deem  it  necessary,  he 
shall  order  the  Chief  of  Police,  or  other  qualified  officer,  to 
proceed  with  a sufficient  force  to  remove  said  obstructions, 
and  such  Chief  of  Police  or  other  qualified  officer,  as  afore- 
said is  hereby  fully  authorized  and  empowered  to  summon 
such  force  as  he  may  deem  necessary  to  enforce  the  pro- 
visions of  this  Ordinance,  and  remove  and  abolish  said 
obstructions. 

Art.  338.  [L]  It  shall  not  be  lawful  for  any  person  to  See  Title  IX 
erect  any  building  or  fence  on  the  side-walks,  or  on  the  ^1^®  Char- 
alleys  or  streets  of  said  city ; and  any  building  or  fence  which 
may  be  so  placed  as  to  encroach  on  any  street  or  side- walk 
in  said  city,  shall  be  deemed  a nuisance  and  shall  be  removed 
to  the  proper  line  of  the  street ; and  a neglect  or  refusal  to 
alter  or  remove  any  house,  building  or  fence,  shall  subject 
the  offender  or  offenders  to  a penalty  of  ten  dollars  for  every 
day  such  nuisance  shall  continue. 

Art.  339.  [II.]  The  side-walks  of  the  said  City  of  Gal-  See  Sec.  14, 
veston  shall  be  sixteen  feet  wide,  and  it  shall  not  be  lawful  III,  Title 
for  any  person  or  persons  to  obstruct  or  encumber  the  same 
in  any  manner  whatever,  by  goods,  wares  or  merchandise  of 
any  kind;  and  merchants,  shopkeepers  and  other  persons  are 
required  to  remove  goods,  wares  and  all  other  objects  which 
might  obstruct  or  encumber  the  side-walks,  into  their  houses, 
yards  or  other  places,  under  a penalty  of  five  dollars  for 
every  day  such  obstruction  or  encumbrance  shall  exist. 

Art.  340.  [III.]  ^lo  gallery,  balcony  or  other  projection, 
affixed  to,  or  forming  a part  of  any  house  or  other  building, 
shall  be  made  to  extend  over  any  side-walk  more  than  four 
feet,  nor  at  a less  height  than  ten  feet  above  the  side-walk; 
and  all  such  as  may  be  otherwise  constructed,  shall  be 
deemed  an  encroachment  upon  the  side- walk  and  a nuisance, 
and  the  person  who  caused  the  same  to  be  constructed  shall 
incur  a penalty  of  twenty  dollars,  and  the  gallery,  balcony 
or  other  projection  shall  be  removed  or  altered,  in  conformity 


80 


with  the  provisions  of  this  Ordinance ; any  neglect  or  refusal 
to  alter  or  remove  such  nuisance  shall  subject  such  person 
or  persons  thus  offending^  to  a penalty  of  five  dollars  per 
day  during  the  continuance  of  such  nuisance. 

See  Sec.  14,  Art.  341.  [lYf]  Every  owner  or  occupant  of  a house? 

Ill,  Title  within  the  limits  of  the  city,  shall  have  the  privilege  of 
Charter.  extending  an  awning  from  said  house  over  the  side- walk, 
provided  the  said  awning  be  extended  to  the  curbing  of 
said  side- walk ; and  shall  also  have  the  privilege  of  extend- 
ing a wooden  shed  from  such  house,  provided  the  same  be 
extended  as  far  as  the  curbing  of  the  side- walk  ; the  pillars 
or  posts  supporting  the  same,  being  morticed,  or  let  into  the 
curbing,  and  seven  feet  apart ; and  provided,  further,  that 
said  shed  shall  be  eight  feet  from  the  curbs  of  the  side- 
walk to  the  eaves  thereof,  and  next  the  house  ten  feet  from 
the  ground  to  the  top,  and  said  shed  shall  be  kept  at  all 
times  neatly  painted  ; Provided;  further,  that  within  the 
As  amend-  prescribed  fire  limits,  such  awning  or  sheds  over  the  side- 
ed  March  7,  walks,  shall  be  built  or  erected  on  iron  columns,  and  the 
1870.  roof  and  other  necessary  wood  work  to  be  covered  with  fire- 

proof material.  And  any  person  or  persons,  who  may  have 
heretofore  erected,  or  who  shail  hereafter  erect,  an  awning 
or  shed,  from  his,  her  or  their  houses,  contrary  to  the  pro- 
visions of  this  section,  shall  be  compelled  to  remove  the 
same,  and  shall  be  notified  so  to  do  by  the  Chief  of  Police, 
within  a certain  time  to  be  appointed  in  such  notice.  And 
every  person  refusing  or  neglecting  to  remove  such  shed 
within  the  time  limited  as  aforesaid,  shall  be  subject  after 
the  expiration  thereof,  to  a fine  of  not  more  than  twenty  (20) 
dollars  for  each  and  every  day  the  said  shed  shall  be  con- 
tinued. 

Art.  342.  [V.]  No  trees  shall  be  planted  in  the  streets, 
nor  shall  any  posts  be  placed  for  an  awning  or  other  pur- 
poses in  the  streets,  except  tfie  same  be  planted  or  placed 
on  the  outside*  of  the  side- walks,  and  on  a line  with  the 
same,  under  a fine  of  twenty  dollars  against  the  olfenders, 
for  each  offence  against  the  provisions  of  this  section. 

Art.  343.  [VL]  It  shall  not  be  lawful  for  any  person  in 
building  or  repairing  any  house,  store  or  fence,  to  lay  or 
place  bricks,  boards  or  timber,  or  other  materials  for  build- 
ing, in  the  streets,  in  such  manner  as  to  occupy  more  than 
one-third  part  of  any  street,  or  in  any  manner  so  as  to  ob- 
struct the  side-walks,  (necessary  posts  to  support  scaffolds 
for  workmen,  excepted.)  And  any  person  or  persons  so 
offending  against  the  provisions  of  this  section  of  this  Ordi- 
nance, shall  be  subject  to  a fine  of  five  dollars,  for  every  day^s 
continuance  of  such  obstruction  after  being  notified  to  re- 
move the  same. 


81 


Akt,  344.  fX.]  No  person  whatever,  on  an}^  pretence, 
shall  cut  any  ditch,  or  shall  build  or  place  any  barrier  or 
way  of  earth  and  shells,  or  of  any  other  material,  across  any 
of  the  public  streets  or  alleys  of  this  city,  so  as  to  impede  or 
obstruct  the  drainage  thereof,  unless  permission  so  to  do 
be  especially  granted  by  the  Mayor,  who  may  grant  such 
permission  only  when  it  may  appear  to  be  for  the  benefit  of 
the  section  of  the  town  where  the  said  ditch  is  to  be  cut,  or 
the  said  barrier  or  way  is  to  be  constructed;  and  any  person 
offending  against  the  provisions  of  this  section  shall  be  fined 
not  exceeding  one  hundred  dollars. 

Art.  345.  fXI.J  It  shall  not  be  lawful  for  any  person 
or  persons  to  encumber  any  street  or  side-walk  within  the 
limits  of  the  city,  with  cotton,  lumber,  fire- wood,  carts,  drays, 
wagons  or  other  articles;  and  any  person  or  persons  so 
offending  shall  incur  a penalty  of  five  dollars  for  every  day^s 
continuance  of  such  obstruction. 

Art.  346.  [XII.  ] Whenever  any  article  may  be  found 
obstructing  or  encumbering  the  streets  or  side-walks,  and 
the  owner  or  owners,  or  claimants  of  such  articles,  cannot 
be  found,  it  shall  be  the  duty  of  the  Chief  of  Police,  under 
the  direction  of  the  Mayor,  to  remove  the  same  to  some  safe 
place  of  deposit,  and  at  the  expiration  of  ten  days  there- 
after, if  no  demand  be  made  for  the  same,  such  article  or 
articles  shall  be  sold  by  the  Chief  of  Police  at  public  auction, 
for  cash,  giving  ten  days’  public  notice  of  the  time  and  place 
of  sale,  the  proceeds  of  which,  after  deducting  all  expenses 
and  costs,  to  be  deposited  with  the  City  Treasurer  for  use 
and  benefit  of  the  owner  or  thereof. 

Art.  347.  [XIII]  It  shall  be  the  duty  of  every  owmer  or  See  Sec.  14, 
occupant  of  any  lot,  or  parcel  of  ground  within  the  limits  of 
the  city,  to  keep  the  side- walks  in  front  of,  and  around  the  charter.  ^ 
same,  free  and  clear  of  weeds,  from  the  line  of  the  said  lot 
or  parcel  of  ground,  to  the  curbing  of  the  side- walks  thereof, 
or  at  least  the  distance  of  sixteen  feet  from  the  line  or  lines 
of  the  lot,  or  parcel  of  land,  into  the  street  or  streets  adjoin- 
ing; and  any  and  every  person  failing  to  observe  and  con- 
form to  the  provisions  of  this  section,  shall  be  notified  by 
the  Chief  of  Police  to  remove  said  weeds,  wfithin  twenty -four 
hours,  and  on  refusal  or  failure  to  comply  with  said  order, 
such  person  or  persons  shall  be  fined  in  a sum  not  exceeding 
five  dollars  for  each  and  every  day  the  same  shall  remain 
and  continue. 

Art.  348.  [XY.]  Every  owner  or  owmers,  his,  her  or 
their  agents,  of  every  lot  or  parcel  oi  round  Iving  and 
fronting  on  Avenp'‘  P,  co’*^*  hno'.'  ’ :u^>'  t^and  street, 

between  Bath  Avenue  and  oi.^Loeiith  t,  ,.aii  eoii^irnct, 
keep  up  and  maintain,  or  cause  to  De  consti  uciea,  kept  up 


82 


and  maintained,  a side- walk  in  front  of  such  lot  or  parcel  of 
land,  conforming  in  such  construction  and  filling  up  thereof 
to  the  grade  that  shall  be  fixed  by  the  City  Engineer,  with 
a curbing  of  brick,  stone  or  wood,  which  said  curbing,  if  con- 
structed of  wood,  shall  not  be  less  than  four  inches  in  thick- 
ness, secured  by  strong  and  sufficient  uprights  on  the  inner 
side ; and  in  case  of  corner  lots,  the  said  side-walks  to  be  so 
constructed,  kept  up  and  maintained,  shall  be  extended 
round  each  and  every  corner  lot  the  full  depth  of  the  lot  to 
the  alley  in  the  rear ; and  for  every  refusal  or  failure  to  com- 
ply with  the  provisions  of  this  section,  after  notification  and 
a time  limited  and  appointed  therein  for  the  construction  of 
such  side- walk,  or  the  repair  thereof,  the  owner  or  owners  of 
such  lots  or  parcels  of  lots,  shall  be  subject  and  liable  to  a 
fine  for  each  and  every  day,  after  the  expiration  of  the  time 
prescribed,  of  not  exceeding  ten  dollars. 

Aut.  349.  [XVI.]  The  lanes  or  alleys,  which  divide  the 
blocks  of  lots,  within  the  city,  are  not  thoroughfares  to  every 
intent  and  purpose,  and  therefore,  it  shall  be  unlawful  for 
any  person  to  drive  any  cart,  wagon,  dray  or  other  vehicle 
into  or  through  any  of  the  said  lanes  or  alleys  of  the  city, 
unless  it  shall  be  to  receive  or  deliver  a load  in  such  lane  or 
alley,  or  to  the  stable  or  house  where  such  vehicle  shall  be 
kept ; and  every  person  offending  against  the  provisions  of 
this  section  shall  be  subject  to  a fine  not  exceeding  ten 
dollars  for  each  and  every  offence. 

Art.  350.  [XVII.]  It  is  hereby  made  the  duty  of  the 
owner,  or  his  agent,  of  every  lot  and  parcel  of  lot  of  ground 
in  the  city,  when  the  grade  has  been  fixed,  to  construct,  keep 
up  and  maintain,  and  cause  to  be  constructed,  kept  up  and 
maintained,  a pavement  or  side- walk  in  front  of  and  bound- 
ing upon  each  lot  and  parcel  of  lot  respectively,  which  said 
pavement  or  side- walk  shall  be  sixteen  feet  in  width  from 
the  line  of  the  lot  or  parcel  of  lot,  extending  into  the  street, 
and  shall  be  filled  up,  conforming  in  the  height  thereof  to 
such  grade  as  the  Street  Superintendent,  with  the  assistance 
of  the  City  Engineer,  and  the  approval  of  the  Mayor,  shall 
fix  and  establish  for  each  street  and  avenue,  said  pavement 
or  side-walk  to  have  a curbing  of  brick,  stone  or  wood ; and 
if  constructed  of  wood,  it  shall  not  be  of  less  than  three 
inches  in  thickness,  and  secured  by  strong  and  sufficient 
uprights  placed  on  the  inside  of  the  curb ; and  it  is  hereby 
made  the  duty  of  the  Mayor,  upon  approval  of  the  said 
grades  so  established  and  fixed,  or  any  of  them,  to  give  public 
notice  thereof  by  hand-bills  posted  up  throughout  the  district, 
and  in  one  of  the  newspapers  published  in  the  city,  and  shall, 
in  such  notice,  fix  and  specify  therein  such  reasonable  time 
within  which  the  said  pavements  and  side-walks  shall  be 


83 


constructed,  as  herein  before  directed ; and  if  any  person 
shall  refuse  or  neglect  to  comply  with  the  provisions  of  this 
section,  within  the  time  limited,  specified  and  appointed  by 
the  Mayor,  in  the  public  notice  as  aforesaid,  unless  upon 
special  application  to  the  Council,  and  for  good  and  sufficient 
cause  the  time  shall  in  any  case  be  extended,  shall  be  liable 
to  a fine  of  not  exceeding  three  dollars  for  each  and  every 
day  such  refusal  or  neglect  shall  continue  after  the  time 
prescribed. 

Art.  351.  [I.]  It  shall  not  be  lawful  to  build  sheds  or  Approved 
awnings  over  the  side-walks  of  this  city  in  such  a manner  Oct.  4,1869. 
as  to  enclose  the  public  gas  lamps  and  obstruct  the  light  5 
sufficient  opening  shall  be  left  so  as  to  see  the  lamps  freely 
from  all  sides. 

Art.  352.  [II.]  The  owner  of  such  sheds  or  awnings, 
obstructing  the  lights,  shall  be  fined  five  dollars  for  every 
day  that  said  obstructions  shall  remain. 

Art.  353.  [I.]  The  owners  of  property  on  the  side  of  Approved 
any  block  are  required  to  construct  their  side- walks  at  an  March  7, 1870 
utiiform  height,  and  so  graded,  that  water  will  not  remain  as  am  end- 
on  them  after  a rain  ; and  the  width  of  said  side-walks  shall  ed  Dec.  5, 
be  as  laid  down  on  the  plan  of  the  city,  fourteen  or  sixteen 
feet,  as  provided  for  in  said  plan,  the  height  and  grade  to  See  Sec.  14, 
be  defined  by  the  City  Engineer,  under  whose  supervision  Title 

the  work  shall  be  constructed,  accepted  or  rejected.  charter 

Art.  354.  [II.]  When  the  Superintendent  of  Streets,  Approved 
under  the  authority  of  the  Board,  shall  intend  the  construe-  March  7, 1870 
tion  and  grading  or  repair  of  the  side- walk  on  any  street,  or 
on  any  block  of  the  city,  he  shall  notify  the  City  Engineer 
to  survey  the  same,  and  to  place  proper  marks  for  the  guid- 
ance of  the  workmen,  and  furnish  to  the  Street  Commissioner 
an  estimate  of  the  cost  per  front  foot  of  the  proposed  side- 
walks, whether  with  shell  and  sand,  sand  and  bricks,  or 
sand  and  stone. 

Art.  355.  [III.]  When  the  survey  and  estimate  provi-  As  amend- 
ded  for  in  the  foregoing  section  has  been  furnished  to  the 
Superintendent  of  Streets,  he  shall  furnish  to  each  owner  of 
lots,  or  parts  of  lots  fronting  on  the  proposed  work,  his  or 
her  agent  or  attorney,  or  guardian,  the  statement  of  the 
cost  of  the  work  on  his  or  her  front,  with  a notice  to  said 
owner  to  construct  his  side- walks  in  accordance  with  the 
plan  and  grade,  within  twenty  days  from  the  date  of  the 
notice,  or  that  the  same  will  be  done  by  the  city  at  the  cost 
of  said  owner,  with  the  addition  of  the  cost  of  collection. 

Art.  356.  [IV.]  If  any  owner  of  a lot,  fronting  on  the 
proposed  works,  shall  fail  to  have  constructed  his  side- walk 
within  the  twenty  days  fixed  by  said  notice,  on  the  expira- 
tion of  said  twenty  days  the  Superintendent  of  Streets  shall 


84 


See  Charter 
page  35,  Art. 
I,  Title  IX. 


Approved 
July  1,  1871. 


employ  laborers  and  procure  the  materials,  and  construct 
said  side-walks  according  to  plan  and  grade  determined  on 
as  afaresaid ; and  on  the  completion  of  the  work,  shall 
demand  and  collect  of  the  owner  of  the  lot  the  cost  of  con- 
struction, and  five  per  cent,  additional  on  the  amount,  for 
advancing  the  money  to  do  the  work  and  collecting  the 
amount,  which  amount  shall  be  paid  by  the  said  Superinten- 
dent of  Streets  into  tjhe  City  Treasury,  for  the  use  of  the  city. 

Art.  357.  [V.]  If  any  owner  of  a lot,  in  front  of  which 
a side-walk  has  been  constructed  by  the  city,  shall,  after 
demand  by  the  Street  Commissioner,  refuse  or  tail  to  pay 
the  amount  assessed  on  his  front,  and  the  said  Commissioner 
for  advancing  and  collecting,  he  shall,  on  complaint  of  the 
Street  Commissioner,  before  the  Eecorder,  be  fined  in  a sum 
not  exceeding  ten  per  cent,  of  the  amount  assessed  against 
him,  and  shall  pay  the  cost  of  his  arrest,  and  may  be  pro- 
ceeded against  as  for  a new  offence  each  week  that  the 
amounts  shall  remain  unpaid. 

Art.  358.  [VLj  When  two-thirds  of  the  owners  of  the 
frontage  of  any  block  shall  desire  the  side-walks  of  the 
block  constructed  of  brick,  or  stone,  or  shell,  they  may  file 
a petition  with  the  City  Clerk,  stating  the  material,  and  on 
the  filing  of  said  petition  the  Superintendent  of  Streets  shall 
cause  the  ground  to  be  surveyed  by  the  City  Engineer  and, 
the  cost  estimated,  and  proceed  therein,  as  hereinafter  pro- 
vided for  work  ordered  to  be  done  by  the  Council. 

Art.  359.  [VII.J  Whenever  two-thirds  of  the  property 
holders  of  one-half  block  wish  to  have  gutters  laid  in  front 
of  their  property,  in  the  streets  and  avenues,  and  make  such 
petition  to  the  Mayor,  the  Mayor  shall  be  authorized  to 
notity  all  the  property  holders  of  such  half  block  that  such 
gutter  shall  be  laid,  under  the  direction  of  the  City  Engi- 
neer and  supervision  of  the  Street  Superintendent,  and  said 
gutters  shall  be  repaired  and  renewed  when  necessary,  and 
the  city  shall  pay  one-third,  and  the  said  property  holders 
shall  pay  two-thirds  of  the  cost  of  construction  and  repairs 
of  said  gutters. 

Art.  360.  [I.]  It  is  hereby  ordained  that  the  following 
streets,  and  parts  of  streets,  be  graded  with  a coating  of  sound 
clam  shell,  not  less  than  fifteen  inches  in  thickness,  and  to  a 
proper  grade  for  a pavement  of  not  less  than  six  inches  in 
thickness : Avenue  B,  from  Fifteenth  to  Twenty-Ninth  streets, 
inclusive ; Avenue  C,  from  Fifteenth  to  Thirty-Fourth  streets, 
inclusive  ; Twenty -Third  street,  from  the  Bay,  on  the  North, 
to  the  Gulf,  on  the  South  ; Eighteenth,  Nineteenth,  Twen- 
tieth, Twenty-First,  Twenty-Second,  Twenty  Fourth,  Twen- 
ty-Fifth, Twenty-Sixth,  Twenty-Seventh,  Twenty-Eighth 


85 


and  Twenty-Ninth  streets,  from  Avenue  B to  Avenue  C ; 
and,  also,  Thirty-Third  street,  from  Avenue  G to  Avenue  D. 

Art.  3G1.  [II.]  The  Mayor  be,  and  he  is  hereby  re- 
quired, to  advertise  ten  days  for  x>roposals  for  a sufficient 
quantity  of  sound  clam  shell  to  complete  the  proposed  im- 
provements, to  be  delivered  at  such  place  and  in  such  quan- 
tities as  may  be  directed  by  the  Superintendent  of  Streets  ; 
said  shell  to  be  contracted  for  at  a given  price  per  barrel,  so 
delivered,  and  such  barrel  to  be  five  cubic  feet  of  measure- 
ment; Provided,  that  such  coiitractor  or  contractors,  shall 
be  required  to  give  security  in  iliree  times  the  amount  of 
their  contract,  for  the  faithful  execution  of  their  contract ; 
and  Provided,  fin  ther,  .that  the  Mayor  and  Committee  on 
Streets  and  Alleys,  jointly  approve  such  contract. 

Art.  362.  [III.]  The  City  Engineer  be,  and  he  is  hereby 
directed,  to  fix  the  grade  of  said  streets,  under  the  advice 
and  consent  of  the  Mayor  and  Committee  on  Streets  and 
Alleys,  and  he  shall  also  make  a careful  estimate  of  the 
quantity  of  material  required  for  said  improvement ; and 
when  the  quantity  and  cost  of  such  material  has  been  ap- 
proximately determined,  he  shall  then  carefully  assess  the 
due  proportion  of  the  cost  of  such  improvement  on  the 
13roperty  situated  on  either  side  of  such  street  or  streets, 
as  delivered  and  required,  underand  by  the  terms  of  Section 
I,  Article  2,  Title  9 of  the  City  Charter ; and  it  shall  also  be 
his  duty  to  make  duplicate  rolls  of  such  assessment,  and 
place  them  before  the  Board  of  Aldermen  ; and  when 
such  rolls  are  approved  by  the  Board  of  Aldermen,  such 
assessment  shall  be  held  and  claimed  to  be  a privileged  and 
first  lien  upon  the  property  so  assessed,  and  shall  be  col- 
lected in  the  manner,  and  at  such  times  as  are  hereinafter 
prescribed. 

Art.  363.  |IV.]  The  assessment  provided  for  in  the 
foregoing  section  shall  be  payable  in  five  equal  payments, 
and  the  first  payment  shall  be  due  and  payable  on 'the  first 
day  of  September  next,  and  the  balance  in  equal  annual 
payments  on  the  first  day  of  September  thereafter;  Pro- 
vided, that  such  deferred  payments  shall  bear  interest 
annually  at  the  rate  of  ten  per  cent.,  and  such  interest  shall 
be  due  and  payable  at  each  annual  payment  of  such  assess- 
ment. 

Art.  364.  [V.]  When  the  assessment  roll  herein  pro- 
vided for  shall  be  approved  by  the  Board  of  Aldermen,  that 
it  shall  then  be  the  duty  of  the  Mayor  to  place  one  of  said 
rolls  in  the  hands  of  the  Collector  of  Taxes,  whose  duty  it 
shall  be  to  collect  all  such  assessments,  and  all  assessments 
so  collected  shall  be  paid  into  the  Treasury,  and  all  such 
payments  shall  be  held  by  the  Treasurer  as  a special  fund, 


86 


and  it  sliali  not  be  used  for  any  other  purpose  than  to  pay 
interest  on  and  to  retire  any  bonds  issued  by  the  City  of 
Galveston  in  aid  of  the  improvements  herein  provided  for. 

As  amend-  Aet.  365.  [ VI.]  Payment  for  the  improvements  herein 
ed  July 5,1871  provided  for  shall  be  made  in  the  bonds  of  the  City  of  Gal- 
vestoiij  to  the  extent  of  the  sum  of  assessment  made  on  the 
property  situated  on  either  side  of  tlie  street  so  improved^ 
and  the  balance  of  such  cost  shall  be  paid  out  of  the  current 
General  Fund  or  bonds  of  the  City  of  Galveston,  under 
such  stipulations  as  may  be  made  with  the  contractor  or 
contractors. 


Approved  Art.  366.  fl.  | There  shall  be,  and  is  hereby  reserved, 
April  20, 1868  a space  of  thirty  feet  in  width  in*  the  centre  of  the  street 
known  upon  the  plot  or  plan  of  the  city  as  Broadway,  the 
full  length  thereof  between  the  cross  streets,  as  far  as  the 
same  now  does,  or  shall  hereafter  extend  within  the  corpor- 
ate limits  of  Galveston  City,  whether  the  said  limits  shall 
remain  as  they  now  are,  or  whether  the  same  shall  hereafter 
be  extended,  for  the  purpose  of  planting  shade  trees,  and 
ornamental  shrubbery;  and  to  be  used  only  as  a foot  path, 
and  as  place  of  resort  for  pedestrians. 

Art.  367.  [II.]  It  shall  be  unlawful  for  ^ny  person  to 
encumber  said  space  of  thirt^'  feet  in  the  centre  of  Broad- 
way witli  any  manner  of  temporary  or  permanent  incum- 
brance, obstruction  or  impediment  of  any  kind  whatever  ; 
and  it  is  hereby  made  the  duty  of  the  Mayor,  at  once  to  re- 
move, or  cause  the  same  to  be  done,  any  incumbrance,  ob- 
struction or  impediment,  that  may  at  any  time  be  placed 
thereon. 

Art.  368.  [III.]  Whenever  said  trees  and  shrubbery 
shall  be  planted  in  and  on  said  reservation,  as  contemplated 
by  this  Ordinance,  it  shall  be  unlawful  for  any  person  to 
drive  or  ride  within  or  across  said  limits,  or  for  any  person 
to  permit  any  animal  to  go  at  large  or  stray  therein. 

Art.  369.  [IV.]  For  each  and  every  violation  of  this 
Ordinance^  the  person  so  offending  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars,  to  be  recovered 
before  any  Court  of  competent  jurisdiction ; and  any  person 
violating  the  second  section  of  this  Ordinance,  in  addition 
to  the  penalty  aforesaid,  shall  be  fined  fift}"  dollars  a day 
for  each  and  every  day  lie  shall  permit  the  obstruction  or 
incumbrances  to  remain,  after  being  notified  to  remove  them. 

Art.  370.  [V.]  The  method  of  enclosing  said  reserva 
tion  or  ^esplanade,  shall  Be  determined  by  the  Board  of 
Aldermen,  through  the  Mayor,  and  the  proper  grade  shall 
be  determined  by  the  City  Engineer. 

Approved  owners  of 

June  27,1871.  houses,  stores,  shops  or  vacant  lots,  to  keep  the  side-walk& 


87 


before  tlieir  houses,  stores,  shops  or  vacant  lots,  clean  and  See  Sec.  14, 
in  good  condition,  and  that  it  shall  be  unlawful  and  prohib- 
ited  to  sweep  in  the  gutters,  or  throw  into  the  streets  and  Qj^arter. 
alleys,  offal,  debri^  or  anything  else  ; such  sweepings,  de- 
bris, offiil,  &c.,  shall  be  collected  in  boxes  or  barrels,  and 
placed  before  the  doors,  at  the  edge  of  the  side-walk,  where 
scavenger  carts  shall  take  it  at  certain  hours,  not  later  than 
9 o’clock,  A.  M.,  and  the  empty  boxes  or  barrels,  shall  not 
remain  on  the  side- walk,  but  be  taken  back  to  the  house  by 
the  owner. 

Art.  372.  [II.J  Any  person  violating  this  Ordinance 
shall  be  fined  not  less  than  one,  nor  more  than  five  dollars, 
for  each  and  every  offence,  to  be  collected  before  the  Eecor- 
der. 

Art.  373.  [I.]  It  shall  be  unlawful  for  any  person  or  Approved 
persons  to  take,  carry  away  or  remove,  any  dirt,  sand  or 
earth  from  any  lot  or  parcel  of  land  within  the  limits  of  the 
City  of  Galveston,  withont  the  consent  of  the  owner  or  own- 
ers thereof. 

Art.  374.  [II.]  It  shall  be  unlawful  for  any  person  or 
persons  to  take,  carry  away  or  remove  any  dirt,  sand  or 
earth  from  any  street,  alley,  highway  or  public  ground, 
within  the  limits  of  the  City  of  Galveston,  without  the  con- 
sent of  the  City  Council. 

Art.  375.  [III.]  Any  person  or  persons  violating  the 
provisions  of  this  Ordinance  shall  be  guilty  of  an  offence, 
and,  on  conviction  thereof,  shall  be  punished  by  a fine  of 
not  less  than  five  nor  more  than  twenty  dollars  for  each 
offence. 

Art.  376.  [I.j  The  City  Surveyor  shall,  immediately.  Approved 
after  the  passage  of  this  Ordinance,  make  a survey  of  Avenues 
C and  D,  from  Sixteenth  street  to  Thirty-Thircl  street,  and 
establish  the  grade  of  the  street. 

Art.  377.  [II.]  When  said  survey  is  completed,  the 
Superintendent  of  Streets  shall  proceed  to  raise  said  streets 
to  the  grade,  and  shall  construct  the  side- walks  on  said 
streets  and  make  them  of  a uniform  height,  in  accordance 
with  the  Ordinance  concerning  side-w^alks  ; and  on  comple- 
tion of  the  side- walk  on  any  owner’s  front,  shall  present  the 
bill  of  costs  and  collect  the  same  from  such  owner,  for  the 
benefit  of  the  city. 

Art.  378.  [III.]  Eeach  owner  of  a front  on  said  streets 
shall  fill  his  lot  to  the  level  of  the  side-walk  constructed  by 
the  Superintendent  of  Streets  within  thirty  days  after  the 
side-walk  is  completed,  under  penalty  of  fifty  dollars. 

Art.  379.  [IV.]  Any  person,  intending  to  build  on  a 
lot  fronting  on  said  streets,  shall,  before  commencing  to 
build,  cause  his  lot  to  be  surveyed  by  the  City  Engineer 


88 


and  obtain  from  him  a certificate  that  his  lot  is  filled  to  the 
proper  grade  ; and  any  person  building,  without  having 
obtained  said  certificate,  shall  be  fined  in  the  sum  of  fifty 
dollars  and  cost  of  prosecution. 

Art.  380.  fV.]  When  any  person  shall  have  been  or- 
dered by  the  Health  Physician  to  fill  his  or  her  lot  to  grade, 
he  shall,  on  completion  of  the  filling,  cause  the  said  lot  to 
be  surveyed  by  the  City  Engineer,  and  obtain  from  him  a 
certificate  that  the  same  is  filled  to  grade  ; and  any  per- 
son, faihng  or  refusing  to  comply  with  the  order  of  the 
Health  Physician  as  to  filling  his  lot,  shall  be  fined  in  the 
sum  of  fifty  dollars  and  cost  of  prosecution. 

Art.  381.  [VI.]  When  any  owner  of  a house  now  stand- 
ing shall  be  notified  by  the  Health  Physician  that  his  house 
is  too  low,  and  is  required  by  said  Health  Physician  to  raise 
the  same  and  fill  the  lot,  and  shall  fail  for  thirty  days  to 
comply  with  said  order,  he  or  she  shall  be  fined  in  the  sum 
of  fifty  dollars,  and  five  dollars  per  day  for  each  day  there- 
after he  or  she  shall  fail  to  comply  with  said  order. 


CHAPTEE  XXXYIII. 

DUTIES  OF  STREET  SUPERINTENDENT. 

Approved  ARTICLE  382.  [L]  The  Superintendent  of  Streets  shall, 
Jnne  4, 1866.  before  he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  to  an  oath,  before  the  Mayor  or  any  Justice  of 
the  Peace  resident  within  the  said  City,  well,  truly  and 
faithfully  to  discharge  the  duties  of  his  office,  which  are 
now,  or  may  hereafter,  by  ordinance  or  resolution  of  the 
Council,  be  required  of  him. 

See  Art.  IX,  Art.  383.  |II.j  It  shall  be  his  duty  to  supervise  all 
Title  III,  of  work  undertaken  by  the  Board  of  Aldermen  upon  the 
the  Charter,  streets,  alleys  and  public  squares  of  the  City ; direct  the 
grading  of  the  same,  and  the  construction  of  the  side  walks, 
so  as  to  preserve  a due  uniformity  of  their  heighth  and 
width ; inspect,  under  the  direction  of  the  Street  Commit- 
tee, the  draining  and  filling  up  of  all  such  lots  and  low 
grounds  as  may  be  ordered  by  the  Board  of  Aldermen ; 
superintend  the  construction  of  all  culverts  and  bridges;  . 
control  all  gangs  of  workmen  employed  by  the  Board  or 
Aldermen  upon  the  streets ; keep  a correct  account  of  the 
time  of  said  workmen,  and  of  all  other  work  and  services 
which  may  be  done  and  performed,  and  make  correct  report 
thereof  to  the  Board  of  Aldermen  ; he  shall  also  remove,  or 
cause  to  be  removed,  in  manner  as  prescribed  in  the  chapter 
regulating  streets  and  side-walks,  all  such  filth,  dirt,  or 
other  nuisances  in  said  chapter  enumerated. 


89 


Art.  384.  [III.J  It  shall  also  be  his  duty  to  receive  and 
receipt  for,  (in  the  name  of  the  Corporation  of  the  City  of 
•Galveston,)  all  shells,  sand,  stone,  lumber  or  other  material, 
which  may  at  any  time  be  contracted  for  by  the  Board  of 
Aldermen,  to  be  used  on  the  streets,  alleys  and  public 
squares  of  the  City ; to  correctly  measure,  or  cause  to  be 
eorrectly  measured,  the  same,  and  to  designate,  under  the 
direction  of  the  Street  Committee,  at  what  point  or  points 
the  same  shall  be  delivered  within  the  limits  of  the  City. 

Art.  385.  [lY.]  It  shall  also  be  his  duty  to  exercise 
a general  supervision  over  the  construction  of  all  railways 
which  may  at  any  time  hereafter  be  constructed  to  run 
throngh  the  streets  of  the  City;  to  notice  that  they  con- 
form to  the  proper  grade  of  such  streets,  as  may  be  estab- 
lished by  the  City  Surveyor,  so  as  not  to  impede  the  passage 
of  drays,  carriages  or  other  vehicles,  through  said  streets  ; 
and  in  case  of  any  violation  of  contract  by  any  party  or 
parties  invested  by  the  Board  of  Aldermen  with  the  right 
to  construct  such  railways  through  the  streets  of  said  City, 
it  shall  be  his  duty  to  forthwith  report  the  same  to  the 
Board  of  Aldermen. 

Art.  386.  [Y.]  It  shall  also  be  his  duty,  in  case  the 
Board  of  Aldermen  shall  contract  with  any  party  or  parties 
for  filling  up,  grading,  or  shelling  any  streets,  alleys  or  public 
squares  in  the  city,  to  generally  supervise  the  same,  and  to 
see  that  said  contracts  or  contract  are  faithfully  performed, 
and  in  case  of  any  violation  of  said  contracts  he  shall  imme- 
diately report  the  same  to  the  Board  of  Aldermen  ; further, 
it  shall  not  be  lawful  for  said  Superintendent  of  Streets  to 
have,  either  directly  or  remotely,  any  pecuniary  interest  in 
said  contract  or  contracts,  and  in  case  of  any  violation  of 
this  clause,  he  shall  be  liable,  on  conviction  thereof  before 
the  Mayor  and  Aldermen,  of  being  removed  from  office,  and 
also  be  subject  to  a fine  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars. 

Art.  387.  [I.]  The  Street  Commissioner  shall,  within  Approved 
thirty  days,  report  to  the  City  Council  a full  list  of  all  lots  Jan.  19, 
and  fractional  lots,  fronting  on  avenues  and  streets,  which 
have  been  improved  with  shell  during  the  term  of  his  office, 
giving  number  and  size  of  the  same,  and  number  of  block 
on  which  situated,  and  the  names  of  the  owners  thereof,  if 
known,  and  if  not  known,  the  same  shall  be  entered  on  said 
list  as  unknown. 

iRT.  388.  [II.  I It  shall  also  be  the  duty  of  said  Street 
C(‘^  nissioner  to  enter  on  said  list,  opposite  each  lot  or  frac- 
tion lot,  lying  ;•'  ] being  oii  such  side  of  the  street  and 
av  \e  which  has  ijcen  so  improved,  one  third  of  the  esti- 

mi  i expense  for  such  work  or  imx)rovement  on  such  avenue 


90 


Approved 
Jan.  8,  1857. 


Approved 
jnly  5,  1871. 


and  street,  fronting,  adjoining  or  opposite  sucli  lot  or  frac- 
tional lot,  as  provided  for  in  Art.  11,  Sec.  I.  Title  9,  City 
Charter ; Provided,  That  the  expense  of  filling  said  street 
and  avenue  be  not  included  in  such  estimate. 

Art.  389.  | III.]  It  shall  also  be  the  duty  of  said  Street 
Commissioner  to  report  to  the  City  Council,  at  the  first 
regular  meeting  of  every  month,  a full  list  of  every  lot  and 
fractional  lot  fronting  on  avenues  or  streets,  which  have 
been  improved  by  shell  during  the  preceding  month,  render- 
ing an  estimate  of  the  probable  cost  of  the  same. 

ff  >• 


CHAPTER  XXXIX. 

CITY  SURVEYOR. 

Article  390.  [I.|  The  City  Surveyor  shall,  before  he 
enters  upon  the  duties  of  his  office,  take  and  subscribe  an 
oath  before  the  Mayor,  or  some  Justice  of  the  Peace  resi- 
dent in  said  city,  that  he  will  well  and  truly  and  faithfully 
discharge  the  duties  of  his  office. 

Art.  391.  [II.]  It  shall  be  the  duty  of  the  said  Sur- 
veyor, whenever  required  by  the  Council,  or  by  its  authority, 
to  make  all  surveys  and  to  make  and  establish  grades  and 
levels  for  the  repair  or  drainage  of  the  streets,  avenues  and 
squares  of  the  city,  and  the  height  of  side- walks  or  pave- 
ments of  the  said  streets  and  avenues ; and  it  shall  also  be 
his  duty,  when  called  upon  by  individuals,  to  make  surveys 
of  city  lots,  with  all  reasonable  dispatch. 

Art.  392.  [IV.]  The  Surveyor  shall  be  entitled  to  de- 
mand and  receive  from  the  parties  that  may  call  on  him  to 
make  a survey,  for  each  lot  surveyed  by  him,  five  dollars,  al- 
though only  one  line  of  said  lot  be  run  and  established. 


CHAPTER  XL. 

TAXES — LICENSE  TAX  AND  AD-VALOREM  TAX. 

Article  393.  [I.]  Any  person  or  persons,  being  en- 
gaged in  any  of  the  professions,  callings  or  business  occu- 
pations hereinafter  named,  shall  pay  a license  tax  as  herein 
specifically  set  forth  ; Provided,  that  all  licenses  heretofore 
issued  shall  be  deemed  and  held  to  be  good  until  such  license 
shall  have  expired  by  limitation;  and  further.  Provided, 
that  all  licenses  issued  under  the  authority  of  this  Ordinance, 
shall  be  for  the  period  of  one  year,  unless  specifically  stated 
otherwise,  and  shall  not  be  transferable  except  by  the  per- 
mission of  the  City  Council. 


91 


Art.  394.  [II.]  Every  bank,  banking  house,  or  banking  See  Arts.  3 
agency,  receiving  deposits  or  dealing  in  gold,  silver,  uncur-^^ 
rent  money  or  exchange,  shidl  pay  an  annual  license  tax  as  charter, 
follows,  to-wit : such  whose  average  deposits  for  the  year 
preceding  shall  have  been  $300,000  and  upwards,  a license 
tax  of  three  hundred  5 such  whose  average  deposits  shall 
have  been  $200,000,  and  less  than  $300,000,  a license  tax  of 
two  hundred  dollars  5 such  whose  average  deposits  shall 
have  been  $100,000,  and  less  than  $200,000,  a license  tax  of 
one  hundred  dollars ; and  such  whose  average  deposits  shall 
have  been  less  than  $100,000,  shall  pay  a license  tax  of 
seventy -live  dollars  ; Provided,  all  licenses  issued  under  the 
terms  of  this  section  to  establishments  commencing  business 
shall  be  at  the  least  sum  named. 

Art.  395.  [III.]  Each  and  every  insurance  comi^any, 
whose  principal  office  is  in  this  city ; and  each  and  every 
Insurance  Agent  representing  a company,  whose  principal 
office  is  not  in  this  city,  shall  pay  an  annual  license  tax  of 
one  hundred  dollars  ; and  if  said  agent  or  agents  represent 
more  companies  than  one,  he  or  they  shall  pay  an  additional 
tax  of  one  hundred  dollars  for  every  company  represented, 
more  than  one.  Every  Insurance  Inspector  shall  pay  a 
license  tax  of  twenty  dollars. 

Art.  396.  [lY.  | Every  incorporated  company,  or  other 
company  or  person  engaged  in  transporting  money,  mer- 
chandise, baggage,  or  other  articles  by  express,  shall  pay  a 
license  tax  of  one  hundred  dollars.  Every  person  or  hrm 
engaged  in  the  transportation  and  delivery  of  baggage, 
shall  pay  a tax  of  fifty  dollars. 

Art.  397.  [Y.]  Every  theatre,  amphitheatre,  opera- 
house,  or  place  for  theatrical  performances,  an  annual  tax 
of  two  hundred  and  fifty  dollars  5 and  every  concert,  to 
which  the  public  are  invited,  and  for  which  a charge  is 
exacted  for  admission,  a tax  of  ten  dollars  for  each  per- 
formance or  lecture. 

Art.  398.  [YI.]  Every  person  or  firm  dealing  in  foreign 
or  domestic  exchange,  and  not  receiving  deposits  or  doing 
a banking  business,  a tax  of  sixty  dollars. 

Art.  399.  [YII.]  Every  person  or  firm  engaged  in  the 
business  of  a pawnbroker,  a tax  of  one  hundred  dollars ; 
every  person  or  firm  keeping  a junk  store,  whose  sales  for 
the  year  preceding  the  application  for  a license  exceeded 
the  sum  of  $15,000,  a tax  of  one  hundred  and  fifty  dollars, 
and  all  others  not  exceeding  that  amount,  a tax  of  one  hun- 
dred dollars;  Provided,  all  licenses  issued  under  this  section 
to  establishments  commencing  business  shall  be  charged 
with  the  least  sum  named. 


92 


Akt.  409.  [VIII.J  Every  person  or  firm  transacting: 
business  as  a broker,  in  buying  or  selling  gold  or  silver  coin, 
bullion,  or  gold  dust,  stocks,  promissory  notes,  bills  of  ex- 
change, or  uncurrent  money,  seventy-five  dollars;  every 
person  engaged  in  business  as  an  insurance  broker,  thirty 
dollars. 

Art.  401.  [IX.]  Every  person  or  firm  engaged  in  keep- 
ing a hotel  for  the  entertainment  of  transient  persons  or 
travelers,  having  accommodations  for  100  persons  or  over, 
two  hundred  and  fifty  dollars ; every  such  hotel  accommo- 
dating less  than  100  and  over  60  persons,  one  hundred  and 
fifty  dollars;  and  every  hotel  accommodating  less  than  sixty 
persons,  one  hundred  dollars  ; every  keeper  of  a private 
or  public  boarding  house,  for  the  entertainment  of  persons 
by  the  week  or  month,  having  accommodations  for  over  30- 
persons,  a tax  of  fifty  dollars ; every  keeper  of  a private  or 
public  boarding  house,  for  the  entertainment  of  persons  by 
the  week  or  month,  having  accommodations  for  over  12  and 
less  than  30  persons,  twenty  dollars  ; and  all  persons  keep- 
ing a less  number  than  12  boarders,  shall  not  be  required  to 
pay  a tax.  Every  person  keeping  a lodging  house  for  the 
accommodation  of  night  lodgers  only,  a tax  of  twenty-five 
dollars. 

Art.  402.  [X.]  Every  club  house,  where  billiard  tables 
are  used,  or  spirituous,  vinous  or  malt  liquors  are  sold  or 
supplied,  a tax  of  one  hundred  dollars. 

Art.  403.  [Xl.j  Every  person  or  firm,  engaged  in  the 
wholesale  merchandise  business,  a tax  of  $100 ; Provided, 
that  a wholesale  dealer  shall  be  deemed  to  be  a person  or 
firm  whose  main  or  principal  sales  are  to  merchants,  and  not 
directly  to  consumers.  Every  person  or  firm  engaged  in  the 
wholesale  and  retail  business,  a tax  of  $75  ; Provided,  that 
wholesale  and  retail  dealers  shall  be  deemed  to  be  persons 
or  firms  whose  sales  are  mainly  and  directly  to  consumers. 
Every  person  or  firm  engaged  exclusively  in  the  retail  mer- 
chandise business,  whose  sales  amounted,  for  the  year  pre- 
ceding the  application  for  a license,  to  the  sum  of  $60,000, 
a tax  of  $60.  Every  person  or  firm  engaged  in  retailing 
merchandise,  whose  sales,  for  the  year  preceding  the  appli- 
cation for  a license,  amounted  to  the  sum  of  $50,000,  and 
less  than  $60,000,  a tax  of  $50 ; every  person  or  firm  engaged 
in  the  retail  merchandise  business,  whose  sales  for  the  year 
preceding  the  application  for  a license  amounted  to  the  sum 
of  $25,000,  and  less  than  $50,000,  a tax  of  $35.  Every  per- 
son or  firm  engaged  in  the  retail  merchandise  business, 
whose  sales  for  the  year  preceding  the  application  for  a 
license  were  $12,500,  a tax  of  $25.  Every  person  or  firm 
engaged  in  the  retail  merchandise  business,  whose  sales  for 


93 


the  year  preceding  the  application  for  a license  amounted 
to  a sum  less  than  $12,500  shall  pay  a tax  of  $20 ; and  every 
such  person  or  firm  commencing  the  retail  business,  for  the 
first  time,  shall  pay  a tax  of  $30. 

Art.  404.  [XII.]  Every  person  or  firm  engaged  as  mer- 
chant tailors  or  as  shoemakers,  a tax  of  $20 ; Provided,  that 
no  tailor  or  shoemaker,  engaged  solely  in  manufacturing 
material  furnished  by  customers,  shall  be  liable  for  a tax. 

Art.  405.  [XIII.]  Every  keeper  of  a restaurant  or  eat- 
ing house,  where  spirituous,  vinous  or  malt  liquors  are  not 
sold,  except  to  guests  at  meals  or  repasts,  fifty  dollars. 
Every  restaurant  or  eating  house,  where  spirituous,  vinous 
or  malt  liquors  are  not  sold  or  furnished,  thirty  dollars. 

Art.  406.  [XIV.]  Every  cotton  press  or  association  of 
cotton  presses,  a tax  of  two  hundred  dollars,  for  each  press 
used  and  operated.  Every  wharf  company  association,  a 
tax  of  two  hundred  dollars.  Every  city  railroad  company, 
a tax  of  one  hundred  dollars.  Every  gas  company  a tax  of 
one  hundred  dollars;  and  every  chartered  real  estate  com- 
pany a tax  of  two  hundred  dollars. 

Art.  407.  [XY.]  Every  person  or  firm  keeping  a retail 
grocery  store,  where  spirituous,  vinous  or  malt  liquors  are 
sold  in  quantities  of  not  less  than  an  ordinary  wine  bottle, 
a tax  of  thirty  dollars. 

Art.  408.  [XVI.]  Every  person  or  firm  doing  business 
as  a commission  merchant,  or  produce  or  merchandise  broker, 
whose  gross  sales  and  purchases  added,  exceeded  then  the 
sum  of  $1,500,000  for  the  year  preceding  the  application  for 
a license,  a tax  of  one  hundred  and  fifty  dollars.  Every  such 
person  or  firm,  whose  sales  and  purchases  added,  was  as 
much  as  the  sum  of  seven  hundred  and  fifty  thousand  dollars 
for  the  year  preceding  the  application  for  a license,  and  did 
not  exceed  the  sum  of  one  million  five  hundred  thousand 
dollars,  a tax  of  a hundred  dollars ; and  every  such  person 
or  firm,  whose  sales  and  purchases  did  not  exceed  the  sum 
of  seven  hundred  and  fifty  thousand  dollars  for  the  year 
preceding  the  application  for  license,  a tax  of  seven ty-five 
dollars  ; Provided,  that  every  person  or  firm  commencing 
the  business  of  commission  merchant,  or  produce  and  mer- 
chandise broker,  after  the  passage  of  this  Ordinance,  shall 
pay  a tax  of  only  seventy-five  dollars  for  the  first  year. 

Art.  409.  [XYII.  | Every  person  or  firm  doing  business 
as  a ship  or  steamboat  agent,  a tax  of  thirty  dollars. 

Art.  410.  [XVIII.]  Every  person  or  firm  doing  busi- 
ness as  an  auctioneer,  and  selling  real  estate  or  mixed  pro- 
perty at  public  out-cry,  a tax  of  seventy-five  dollars. 

Art.  411.  [XIX.]  Every  person  or  firm  doing  the  busi- 
ness of  shipping  master,  a tax  of  twenty-five  dollars. 


94 


Art.  412.  [XX.]  Evwy  person  of  firm  doing  a wholesale 
and  retail  coal  business,  a tax  of  forty  dollars ; and  every 
person  or  firm  doing  a wholesale  wood'  or  charcoal  business, 
shall  pay  a tax  of  twenty  dollars ; Provided,  that  no  tax 
shall  be  levied  on  any  person  selling  wood  or  charcoal  from 
vessels  in  the  bay,  or  from  railroad  cars  running  into  the 
city. 

Art.  413.  [XXT.J  Every  person  or  firm  doing  business 
as  a ticket  or  freight  agent  for  a railroad  company,  not  loca- 
ted in  this  State,  a tax  of  forty  dollars. 

Art.  414.  [XXII.]  Every  real  estate  agent  or  house 
broker,  a tax  of  twenty-five  dollars. 

Art.  415.  [XXIII.]  Every  person  or  firm  engaged  as 
a cotton  or  other  i^roduce  weigher,  a tax  of  twenty-five 
dollars. 

Art.  416.  [XXIV.]  Every  person  or  firm  engaged  in 
bottling  vinous  or  malt  liquors,  not  for  consumption  on  the 
premises,  a tax  of  twenty-five  dollars. 

Art.  417.  [XXY.]  Every  keeper  of  a warehouse,  solely 
for  storage  of  merchandise,  a tax  of  thirty  dollars. 

Art.  418.  [XXVI.]  Every  keeper  of  a billiard  or  other 
like  table,  for  public  use,  a tax  of  twenty  dollars  for  each 
and  every  table  so  kept ; and  every  keeper  of  a tenpin  alley, 
a tax  of  thirty  dollars  for  each  and  every  alley  so  kept  for 
public  use.  Every  keeper  of  a pistol  or  rifle  gallery,  a tax 
of  twenty-five  dollars. 

Art.  419.  [XXVII.]  Every  undertakers  establishment, 
a tax  of  twenty-five  dollars. 

Art.  420.  [XXVIII.]  Every  j^erson  or  firm  keeping  a 
lumber  yard,  shall  pay  a tax  of  sixty  dollars.  Every  person 
or  firm  dealing  in  doors,  sash  or  blinds,  a tax  of  forty  dollars, 
Every  person  or  firm  dealing  in  carriages,  buggies,  etc.,  a 
tax  of  fifty  dollars. 

Art.  421.  [XXIX.]  Every  person  or  firm  keeping  a 
barber’s  shop,  shall  pay  a tax  of  five  dollars  for  every  chair 
employed  in  his  business. 

Art.  422.  [xxx.]  Every  millinery  establishment, 
where  any  articles  of  goods,  wares  and  merchandise  are 
sold,  shall  pay  the  retail  merchandise  tax  ; but  if  said  goods, 
wares  and  merchandise  are  made  up  in  the  establishment, 
the  tax  shall  be  twenty  dollars. 

Art.  423.  [XXXI.]  Every  pedlar,  hawker,  or  itinerant 
dealer  in  merchandise,  of  any  character  whatever,  a tax  of 
fifty  dollars ; Provided,  that  no  license  shall  issue  to  any 
vender  of  so-called  prize  packages,  of  any  kind ; but  they 
are  prohibited. 

Art.  424.  [XXXII.]  Every  keeper  of  a stand  where 
oysters  are  opened  and  sold,  a tax  of  fifteen  dollars. 


95 


Art.  425,  [XXXIII.]  Every  keeper  of  an  intelligence 
office,  a tax  of  twenty  dollars. 

Art.  426.  XXXIY.j  Every  person  keeping  a hall  for 
concerts,  assemblies,  balls  and  public  meetings,  letting  oiit- 
the  same  for  hire,  a tax  of  fifty  dollars. 

Art.  427.  [XXXY.]  The  tax  on  drays,  furniture  carts 
and  grocery  wagons,  drawn  by  not  more  than  one  animal, 
shall  be  fifteen  dollars ; and  the  cost  of  numbering  not  to 
exceed  twenty-five  cents.  The  tax  on  milk  wagons  and  carts, 
market  wagons  and  carts,  and  butcher  wagons  and  carts, 
shall  be  eight  dollars ; and  cost  of  numbering  not  to  exceed 
twenty-five  cents.  The  tax  on  trucks  and  other  four-wheeled 
vehicles,  used  for  the  transportation  of  merchandise,  bag- 
gage, etc.,  and  drawn  by  two  animals,  shall  be  thirty  dollars  ; 
and  the  cost  of  numbering  not  to  exceed  twenty  five  cents  ; 
Provided,  that  any  such  vehicle  when  drawn  by  more  than 
two  animals,  shall  pay  an  additional  ten  dollars  for  each  and 
every  such  additional  animal.  The  tax  on  hacks  and  omni- 
buses used  for  the  transportation  of  Jpersons,  for  hire  or  for 
the  use  and  convenience  of  the  guests  of  hotels,  shall  pay  a 
tax  of  twenty  dollars.  Every  buggy  used  for  hire  shall  pay 
a tax  of  ten  dollars ; and  the  cost  of  numbering  not  to 
exceed  twenty-five  cents.  The  tax  on  private  carriages, 
kept  for  private  use,  and  drawn  by  two  or  more  horses, 
shall  be  ten  dollars ; and  for  all  vehicles  used  for  private 
purposes  and  drawn  by  one  horse,  five  dollars.  All  drays, 
carts,  trucks,  market  wagons,  grocery  wagons,  milk  carts 
and  butcher^s  wagons,  shall  have  affixed  to  them  a number 
painted  on  a plate,  corresponding  to  the  number  of  the 
license,  and  the  color  of  said  number  shall  be  annually 
changed,  and  all  omnibuses  and  public  hacks  shall  have 
painted  on  the  side  lights,  a number  in  colors  to  be 
designated  annually  by  the  City  Treasurer,  corresponding 
to  the  number  of  the  license  for  such  vehicle,  and  all  private 
carriages  and  buggies  shall  have  affixed  to  them,  under  the 
cushion,  a numbered  plate,  the  color  to  be  changed  annually. 

Art.  428.  [XXXYI.]  All  licenses  provided  for  in  the 
foregoing  section,  shall  run  from  1st  day  of  January  one 
year,  to  the  1st  day  of  January  of  the  next  year;  Provided, 
that  such  license  may  be  issued  at  any  time  during  the 
year  for  the  unexpired  portion  thereof,  upon  a payment  of 
a proportionate  sum  of  the  annual  tax. 

Art.  429.  [XXXYII.]  Every  transient  theatre,  circus, 
or  other  public  exhibition  of  like  character,  shall  pay,  in 
advance,  a tax  of  ten  dollars  for  each  day,  and  the  Mayor 
shall  have  the  right  to  designate  where  such  transient  ex- 
hibition shall  be  given,  and  also  the  right  to  remove  the  same 
if  by  him  deemed  proper  .;  and  every  person  who  shall  keep 


96 


or  exhibit  such  transient  theatre,  circus,  or  other  public 
exhibition  of  like  character,  without  first  ha\ung  obtained  a 
license  therefor,  shall  be  fined  not  less  than  twenty  dollars 
for  every  day  of  said  exhibition.  Every  itinerant  player  on 
a hand  organ  or  other  musical  instrument,  a tax  of  ten 
dollars  per  month. 

Art.  430.  [XXXVIII.]  Every  person  selling  goods, 
wares  or  merchandise  by  sample,  print,  cut,  card  or  other- 
wise, shall  pay  a tax  of  $100  per  annum. 

Art.  431.  [XXXIX.]  Every  practicing  attorney  or  law- 
yer, physician,  photographer,  dentist,  and  conveyancer,  not 
being  an  attorney,  a tax  of  $20. 

Art.  432.  [XL.]  Every  keeper  of  a stable,  where  horses, 
mules,  carriages,  buggies  or  other  vehicles  are  kept  on  livery 
or  hire,  or  for  sale,  $1  for  each  stall  of  five  feet. 

Art.  433.  [XLI.]  Every  claravoyant,  astrologer,  for- 
tune teller,  keeper  of  a gift  store  or  enterprise  and  (cup 
tasser,)  a tax  of  $100. 

Art.  434.  [XLII.j  Every  person  keeping  a store  or 
stall  for  the  sale  of  butcher’s  meat,  or  game  or  vegetables, 
a tax  of  $25  00 ; Provided,  that  all  such  establishments 
shall  be  under  the  immediate  sui)ervision  of  the  Health 
Officer,  and  for  any  failure  to  observe  due  health  regula- 
tions, the  tVlayor  may  at  any  time,  revoke  such  license ; 
Provided,  further,  that  no  butcher  or  other  dealer  occupying 
a stall  in  any  of  the  public  markets  shall  be  required  to 
pay  a license  tax. 

Art.  435.  [XLIIL]  Every  person,  keeping  a stand, 
stall  or  store,  for  the  sale  of  game,  vegetables,  fruits,  coffee 
and  other  like  articles  of  food  at  any  other  place  than  the 
public  markets,  a tax  of  $25. 

Arr.  436.  [XLIV.]  Every  machine  shop  or  foundry,  in 
operation  a tax  of  $50 ; and  every  planing  machine  and  rail 
and  blind  factory  combined,  run  by  steam,  a tax  of  $30. 

Art.  437.  [XLV.]  Every  person  keeping  a soda  foun- 
tain, or  ice  cream  saloon,  not  in  connection  with  a confec- 
tionary establishment  or  other  mercantile  business,  a tax  of 
$20. 

Art.  438.  [XLVI.J  All  bar-rooms,  coffee  houses,  or 
grog  shops,  where  spirituous,  vinous  or  malt  liquors  are 
sold  in  quantities  less  than  an  ordinary  wine  bottle,  shall 
be  divided  into  the  following  classes,  and  shall  pay  the 
license  respectively  fixed  thereto,  viz  : 

1st  Class,  Those  whose  sales  of  liquors  exceed  the  sum 
per  annum  of  $10,000,  a tax  of  $200. 

2nd  Class,  Those  whose  sales  are  less  than  $10,000  and 
over  $5,000  per  annum,  a tax  of  $125,000. 


97 


3rd  Class,  Those  whose  sales  are  less  than  $5,000  per 
annum,  a tax  of  $75. 

All  persons  applying  for  a license  under  this  Section, 
shall  file  with  the  Treasurer,  an  oath  duly  subscribed  before 
some  officer  authorized  to  administer  oaths,  stating  the 
amount  of  sales  for  the  preceding  year,  or  part  of  year,  and 
the  amount  of  such  license  shall  be  determined  by  the 
amount  of  such  sales,  so  shown  by  the  affidavit ; Provided, 
all  licenses  issued  under  the  terms  of  this  Ordinance  to 
establishments  commencing  business,  shall  be  at  the  least 
sum  named. 

Art.  439.  [XL VII.]  Every  flying  horse,  velocipedrom 
or  other  like  thing,  and  every  hotel,  steamboat  or  railroad 
runner,  a tax  of  $^10. 

Art.  440.  [XLYIII.]  Every  person,  firm,  or  member  of 
firm,  pursuing  one  or  more  occupations,  callings  or  profes- 
sions, liable  to  a license  tax  under  the  terms  of  this  Ordi- 
nance, shall  procure  a license  for  each  and  every  occupation, 
calling  or  profession,  that  he  or  they  may  engage  in. 

Art.  441.  [XLIX.]  Xo  person  or  firm  shall  pursue  any 
business,  calling,  or  profession,  taxed  by  the  terms  of  this 
Ordinance,  without  obtaining  before  commencing  such  bus- 
iness, &c.,  a license  from  the  proper  officer,  and  it  shall  be 
the  duty  of  such  person  to  post  or  hang  up  in  his  or  their 
office  or  place  of  business  such  license,  and  a failure  to  ob- 
tain such  license  shall  make  the  person  or  firm  so  failing, 
(except  in  the  case  provided  for  in  the  first  clause  of  Section 
XXXVII,  of  this  Ordinance,)  liable  to  a fine  of  not  less 
than  one-half  the  annual  tax,  which  he,  she  or  they  should 
have  paid,  which  fine  shall  be  imposed  for  each  and  every 
month  that  said  license  tax  shall  remain  unpaid  after  the 
first  conviction,  on  due  complaint  and  conviction  before 
the  Eecorder ; and  one-half  of  the  penalty  so  adjudged  shall 
go  to  the  informer,  and  shall  be  so  ordered  by  the  Eecorder; 
and  any  person  failing  to  pay  such  fine  so  adjudged,  shall  be 
imprisoned  for  a period  not  less  than  five  or  more  than 
thirty  days;  Provided,  that  nothing  herein  contained,  shall 
be  so  construed  as  to  inhibit  the  city  from  proceeding  against 
any  defaulting  license  tax  payer,  in  a civil  suit  before  a 
court  of  competent  jurisdiction,  for  the  recovery  of  such  de- 
fault. 

Art.  442.  [L.j  Every  person  or  firm  making  applica- 
tion for  a license  under  the  terms  of  this  act,  wherein  the 
sum  of  such  tax  is  determined  by  the  sum  total  of  business 
transacted  for  the  previous  year,  or  by  the  number  of  guests 
that  can  be  accommodated,  (as  in  case  of  hotels)  or  by  the 
character  of  sales,  which  shall  determine  whether  or  not  a 
person  or  firm  is  a wholesale  or  retail  dealer,  shall  deposit 


98 


with  the  Treasurer  an  affidavit  made  before  proper  author- 
ity, as  to  the  facts  necessary  to  determine  the  amount  of 
tax. 

Art.  443.  [LI.]  It  is  hereby  made  the  special  duty  of 
all  regular  police  officers  of  this  city  to  diligently  search  for 
and  make  due  complaint  before  the  Eecorder,  against  all 
persons  doing  business  without  a license  and  being  liable 
for  the  same. 

Approved  Art.  444.  [I.|  The  Treasurer  of  the  City  shall  receive 
July  1, 1871.  all  dues  for  license  taxes,  and  all  persons  owing  a license 
tax  shall  call  upon  the  Treasurer  and  pay  to  him  the  sum 
due,  as  a license  tax  on  any  business,  calling  or  profession, 
See  Sec.  2,  proposed  to  be  engaged  in ; and  it  shall  be  the  duty  of  the 
Art.  IV,  Title  Treasurer  to  issue  to  such  .person  or  firm  a receipt  for  the 
ciiarte  money  so  paid,  specifically  setting  forth,  date,  name 

ar  er.  person  or  firm,  street,  and  number  of  business  place,  and 

business  calling  or  profession,  except  in  the  case  of  vehicle 
license,  when  the  receipt  shall  set  forth  the  place  of  resi- 
dence of  the  person  so  paying  for  a license. 

Art.  445.  [II.]  All  receipts,  issued  under  the  provis- 
ions of  the  foregoing  section,  shall  be  presented  to  the  Mayor, 
and  such  receipt  shall  be  the  Mayor^s  warrant  for  issuing  a 
license  to  the  person  or  firm  so  surrendering  the  Treasurer’s 
receipt ; and  it  shall  be  the  duty  of  the  City  Clerk  to  coun- 
tersign all  licenses  signed  by  the  Mayor  ; and  the  Clerk 
shall  also,  in  a book  to  be  provided  for  the  purpose,  keep  a 
correct  record  of  all  licenses  so  issued,  specifically  setting 
forth  date,  number,  name  of  person  or  firm,  place  of  busi- 
ness, calling  or  profession,  and  the  sum  received  for  such 
license,  and  he  shall  also  collect  a fee  of  fifty  cents  for  each 
license  so  issued  and  recorded. 

Art.  446.  [III.]  The  Treasurer  shall  make  monthly  de- 
tailed reports  to  the  Board  of  Aldermen  of  all  sums  of  money 
collected  by  him  as  license  dues,  and  he  shall  furthermore 
be  charged  with  the  duty  of  leasing  the  stalls  in  the  public 
Markets,  as  provided  bylaw ; and  he  shall,  as  soon  after  the 
annual  renting  of  said  stalls  as  may  be  practicable,  furnish 
to  the  Board  of  Aldermen  a detailed  statement  of  leases 
made,  and  shall  monthly  furnish  to  the  Board  of  Aldermen 
a detailed  account  of  all  market  rents  collected. 

Art.  447.  [IV.]  The  City  Clerk  shall  not  deliver  to  any 
person  or  persons  any  dray  license,  or  other  vehicle  license, 
until  such  person  or  persons  shall  have  executed  such  bond 
as  the  laws  or  Ordinances  of  the  city  may  require,  to  the 
satisfaction  of  thejsaid  Clerk,  and  all  bonds  so  executed  shall 
Approved  Clerk^s  office. 

June  20, 1871.  Art.  448.  [I.]  There  is  hereby  levied  for  general  pur- 
poses, for  the  current  municipal  year,  on  all  property,  real 


99 


and  personal,  held  and  owned  within  the  limits  of  said  city, 
a tax  of  one  (1)  per  centum  upon  the  assessed  value  of  the 
same.  See  Titles 

Art.  449.  [II.]  There  is  hereby  levied,  for  the  purpose  J iVl,  of 
of  paying  the  interest  on  the  Bridge  debt,  and  to  create  a*^®  Charter, 
sinking  fund  to  retire  the  same,  a tax  of  one-quarter  of  one 
per  cent,  on  the  assessed  value  of  all  property,  real  and  per- 
sonal, held  and  owned  within  the  limits  of  said  city , Pro- 
vided, that  no  tax  is  levied  by  this  or  the  preceding  section 
on  any  property  exempt  from  taxation  by  the  terms  of  the 
Constitution  of  the  State  of  Texas  or  the  City  Charter. 

Art.  450.  [III.  | That  a poll  tax  of  one  dollar  is  hereby 
levied  on  all  male  persons  twenty-one  (21)  years  of  age,  and 
upwards,  and  resident  of  this  city  one  year  preceding  the 
first  day  of  March,  1871. 

Art.  451.  [IV.j  The  Assessor  be,  and  he  is  hereby 
authorized  and  directed,  to  proceed  at  once  to  assess  the  tax 
as  herein  levied  ; Provided,  that  said  tax  shall  be  assessed 
on  all  property  as  herein  provided,  held  or  owned  within  the 
limits  of  said  city  on  the  first  day  of  March  last. 


CHAPTEE  XLI. 

DUTIES  OF  TREASURER. 

Art.  452.  [I.]  It  shall  be  the  duty  of  the  City  Treasurer  Approved 
to  makd  an  entry  of  all  amounts  received  by  him,  and  from*^^“®^^ 
whom  collected,  in  a book  to  be  kept  for  that  purpose,  and 
he  shall  weekly  examine  the  books  of  the  various  collecting  xax. 
officers  of  the  city.  See  Art.  IV, 

The  books  of  all  collecting  officers  shall  be  opened  to  Title  v,  and 
the  inspection  of  the  Treasurer  at  any  time,  who,  if  he  shall 
find  any  irregularities  or  improper  entries,  or  omissions  to  Quarter 
credit  collections,  shall  report  the  same  to  the  Board  of  Al- 
dermen for  their  action. 

Art.  453.  [II.]  The  Treasurer  shall  keep  a full  set  of 
books,  such  as  are  kept  by  a Banker — ‘‘  Cash  Book,”  Jour- 
nal,” and  Ledger” — and  shall  keep  an  account  with  each 
appropriation  made,  with  its  disbursements,  and  when  any 
appropriation  is  exhausted,  shall  report  the  same  to  the 
proper  Committee.  The  Treasurer  shall  pay  no  drafts  not 
drawn  on  some  specific  appropriation,  and  the  appropriation 
shall  appear  on  the  face  of  the  draft. 

Art.  454.  [I.]  The  City  Treasurer,  before  he  enters  upon  Approved 
the  duties  of  his  office,  shall  take  and  subscribe  an  oath,  Deo.  31, 1 856 
before  the  Mayor,  or  any  Justice  of  the  Peace  resident  in 
the  city,  that  he  will  well  and  truly  and  faithfully  discharge 
the  duties  of  his  office,  and  shall  also  enter  into  bond,  with 


100 


two  good  securities,  payable  to  tlie  City  of  Galveston,  in  the 
penalty  of  fifty  thousand  dollars,  conditioned  tor  the  faith- 
ful discharge  of  the  duties  of  his  office. 

Art.  455.  The  Treasurer  is  prohibited  from  directly 
or  indirectly  [using]  the  public  money,  funds,  or  property, 
in  his  charge,  for  his  own  use  or  benefit,  and  from  permitting 
it  to  be  used  by,  or  for,  any  other  person,  unless  authorized 
to  do  so  by  some  Ordinance,  resolution,  or  order,  of  the 
Council ; and  for  violation  of  this  Section,  he  shall  be  liable 
to  be  removed  from  office. 


X,  of 
Charter. 


CHAPTER  XLII. 

WARDS. 

Passed  Art.  456.  [I.]  The  City  shall  be,  and  is  hereby  divided, 
Feb.  20, 1860.  into  four  Wards. 

See  See.  1,  Art.  457.  |II.j  The  First  Ward  shall  be  all  that  part  of 
Title  the  city  lying  Eastwardly  of  the  central  line  of  Nineteenth 

^ the  gtreet 

Art.  458.  [Ill  ] The  Second  Ward  shall  be  that  part  of 
the  city  lying  between  the  central  line  of  Nineteenth  street 
and  the  central  line  of  Twenty -third  street. 

Art.  459.  [IV.*]  The  Third  Ward  shall  be  all  that  part 
of  the  city  lying  between  the  central  line  of  Twenty-third 
street  and  the  central  line  of  Thirty-first  street. 

Art.  460.  [Y.j  The  Fourth  Ward  shall  be  all  that  part 
of  the  city  lying  West  of  the  central  line  of  Thirty-first 
street. 


CHAPTER  XLIII. 

CONCEALED  WEAPONS. 

A.pproved  ART.  461.  From  and  after  the  passage  of  this  Ordinance 
Dec.  18, 1865,  gjxall  not  be  lawful  for  any  person  or  persons  (United 
States  military  and  civil  officers  of  the  county  and  city  of 
Galveston  excepted,)  to  carry  about  his  or  their  person  or 
body,  any  concealed  deadly  weapon,  under  whatever  name 
or  character  the  same  may  be  designated  and  called,  under 
a penalty  of  not  less  than  ten  nor  more  than  one  hundred 
dollars,  and  imprisonment  of  not  less  than  five  days  nor 
more  than  fifteen  days,  at  the  discretion  of  the  officer  before 
whom  such  person  is  tried,  for  each  offence,  recoverable  be- 
fore the  Recorder  or  any  Justice  of  the  Pe^ce. 

It  shall  be,  and  is  hereby  made  the  special  duty  of  the 
Chief  of  Police,  and  each  of  the  Police  of  the  city,  to  see  that 


101 


the  provisions  of  this  Ordinance  are  rigidly  enforced;  and  S«eSec.  13, 
they  are  employed,  whenever  they  have  reason  to  believe 
that  any  person  has  about  him  any  deadly  weapons,  (and  charter.  ^ 
such  person  refuses  to  make  a satisfactory  report  of  himself,) 
to  arrest  such  person,  and  take  him  before  the  Recorder,  or 
other  proper  officer,  for  examination ; and  if  it  be  found,  on 
examination,  that  such  person  has  such  weapon  about  him, 
the  whole  penalty  imposed  under  the  first  Section  of  this 
Ordinance  shall  be  imposed  by  the  Recorder,  or  such  other 
proper  officer ; but  should  it  turn  out  that  the  person  arrest- 
ed thus,  and  taken  before  the  Recorder,  or  other  proper  offi- 
cer, has  no  such  weapon,  he  shall  be  released  without  paying 
a fine — but  he  or  they  shall  not  receive  the  benefit  of  any 
damages  for  the  arrest,  having  incurred  the  penalty  of  arrest 
under  this  Ordinance  »y  refusing  to  furnish  to  the  officer 
who  arrested  him  satisfactory  evidence  of  his  not  having 
such  concealed  weapon  about  him. 


CHAPTER  XLIV. 

CITY  WELLS. 

Art.  462.  [I.]  Whereas,  it  has  become  the  habit  of  per-  Approved 
sons  using  ihe  City  Wells,  to  leave  the  same  open,  without  23,  1866. 
covering  the  same  with  the  coverings  provided  by  the  city ; Sec.  6,  Art. 
Therefore,  be  it  ordained  by  the  Mayor  and  Board  of  Alder-  Ilh  Title  IV, 
men,  in  Council  convened.  That  any  person  or  persons  who  ^er  * 
shall  uncover  said  Wells,  excepMn  case  of  fire  in  the  neigh-  * 
borhood,  or  by  order  of  some  officer  of  the  Fire  Department, 
or  city  officer,  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars,  nor  more  than  (f50)  fifty  dollars,  to  be  recovered 
before  the  Mayor  or  Recorder  of  this  city,  in  due  course  of 
law. 


CHAPTER  XLV. 

WHARVES. 

Art.  463.  [I.]  It  shall  not  be  lawful  for  any  dray,  cart.  Passed  July 
wagon,  or  coach,  or  other  vehicle  for  the  transportation  of  6, 1857. 
persons,  produce,  merchandize,  effects,  or  any  other  objects 
whatever,  or  any  person  on  horseback,  to  drive  or  ride  on 
any  of  the  Wharves  of  this  city  faster  than  a walk;  and  any 
person  so  offending,  shall  pay  a fine  of  not  less  than  three 
nor  more  than  ten  dollars. 

Art.  464.  [L]  Whereas,  at  the  recent  session  of  the  Approved 
Legislature  of  the  State  of  Texas,  a law  was  enacted  entitled  Sept.  14, 1870 


102 


An  Act  granting  to  tlie  Galveston  Wharf  Company  the 
right  to  make  railroad  connection  with  their  Wharves  and 
the  rail  road  entering  the  City  of  Galveston,”  passed  August 
4th,  1870 ; Therefore,  be  it  ordained  by  the  Mayor  and  Aider- 
men  of  the  City  of  Galveston  in  Council  convened.  That  the 
right  of  way  for  said  railroad  is  hereby  granted,  and  that 
the  said  Galveston  Wharf  Company  may  have,  and  exercise, 
aU  the  rights,  privileges,  and  powers,  conferred  by  said  Act ; 
Provided,  that  said  road  shall  be  constructed  in  such  man- 
ner as  not  to  obstruct  the  free  passage  of  the  streets  on  land 
South  of  Avenue  A,  and  that  the  City  authorities  shall,  at 
all  times,  have  such  authority  as  will  compel  a due  obser- 
vance of  this  condition. 


/ 


r 


1 


107 




Ordinances  Passed  and  Approved  after  the  Compilation  of 
the  Code,  and  before  the  3d  day  of  April,  1872. 


CHAPTER  XLVI. 

ALLEYS. 

Whereas,  tlie  alley  ways,  running  through  the  several 
blocks  of  the  City  of  Galveston,  according  to  the  plan  of 
the  city,  are  more  especially  for  the  accommodation  and 
convenience  of  the  owners  of  lots  abutting  upon  the  same, 
as  affording  a private  entrance  into  said  lots,  and  they 
have  been,  and  are  so  used  ; Therefore, 

Article  465.  [I.]  Be  it  ordained  by  the  City  Council  of  See  Chapts. 
the  City  of  Galveston : That  whensoever  the  Health  Physi* 

cian,  for  sanitary  reasons,  shall  direct  the  filling  up  of  any 
alley  within  the  limits  of  this  city,  or  whensoever  the 
Superintendent  of  Streets  shall  deem  the  same  necessary, 
for  purposes  of  drainage  or  of  travel,  the  said  Superinten- 
dent shall  call  upon  the  City  Engineer  to  establish  the  grade 
of  such  alley,  who  shall  so  regulate  the  same  that  the  water 
shall  flow  from  the  middle  of  said  alley  to  the  ends  thereof, 
and  into  the  gutters  of  the  adjacent  streets. 

Art.  466.  | II.]  That  it  shall  be  the  duty  of  the  Superin-  See  Title 
tendent  of  Streets,  after  the  grade  of  any  alley  or  alleys  of  the 
shall  have  been  established,  at  his  request,  by  the  City  f^karter. 
Engineer,  to  notify  in  writing  the  several  proprietors  of  lots 
or  parts  of  lots,  abutting  upon  said  alley  or  alleys,  to  fill  up 
the  same  in  conformity  with  said  grade ; and  if,  upon  the 
inspection  of  the  Committee  on  Streets,  it  shall  be  their 
unanimous  opinion  that  any  alley,  from  its  location  or 
frequent  use,  should  also  be  covered  with  shell,  then  the 
Superintendent  of  Streets  shall  notify  the  proprietors  of  lots 
or  parts  of  lots  abutting  upon  said  alley  to  cover  the  same, 
when  raised  to  the  proper  grade,  with  a sufficient  coating 
of  shells,  under  the  supervision  of  said  Superintendent  of 
Streets. 

Art.  467.  [HI.]  That  if  any  proprietor  of  a lot  or  part  of 
a lot,  after  being  duly  notified  in  writing,  as  afore  said,  to 


108 


fill  up  the  alley  to  the  centre  thereof,  in  rear  of  his  or  her 
property,  shall  refuse  or  neglect  to  do  so  for  the  space  of 
thirty  days,  he  or  she  shall,  upon  information  and  conviction 
in  the  Eecorder’s  Court,  be  fined  in  the  sum  of  five  dollars  * 
for  every  week,  after  the  said  thirty  days,  that  he  or  she 
shall  so  refuse  or  neglect ; and  if  he  or  she  shall  continue 
to  refuse  or  neglect  to  comply  with  the  requirements  of 
this  Ordinance  for  sixty  days,  after  due  notice  as  aforesaid, 
then  he  or  she  shall  pay  a fine  of  ten  dollars  for  every  week 
thereafter  that  he  or  she  may  so  refuse  or  neglect. 

Art.  468.  [IV.]  That  if  any  proprietor  of  a lot  or  part 
of  a lot,  coming  under  the  provisions  of  this  Ordinance,  be 
a non-resident,  the  notice  provided  for  in  ibhe  2d  section  hereof 
shall  be  served  upon  his  or  her  agent  and  attorney,  and  if 
there  be  no  known  agent  or  attorney  of  said  non-resident 
proprietor,  or  if  the  owner  be  unknown,  then  it  shall  be  the 
duty  of  the  Superintendent  of  Streets  to  fill  up  to  grade,  and 
shell,  if  the  case  requires  it,  such  part  of  the  alley  as  should 
be  graded  and  shelled  b}^  the  owner  who  is  unknown,  or  a 
non-resident  without  any  known  agent,  and  keep  an  exact 
account  of  the  cost  thereof,  one  copy  of  which  account  he 
shall  file  with  his  next  monthly  statement  of  expenditures 
in  his  department,  and  another  copy  of  which,  duly  certified 
by  himself,  he  shall  deposit  with  the  Assessor ; and  the  said 
account  shall  be  a lien  upon  said  lot  or  part  of  a lot,  and 
entered  upon  the  assessment  roll  against  the  same,  and  be 
included  in  the  first  succeeding  tax  bill,  and  collected  at 
the  same  time  and  in  the  same  manner  as  the  advalorem  tax 
upon  the  said  lot  or  part  of  a lot  is,  or  shall  be  collected  by 
law. 

Art.  469.  fV.]  Be  it  further  ordained.  That  whenever 
the  proprietor,  or  all  the  proprietors  of  the  lots  of  any  block, 
desire  to  close  the  alley  in  said  block,  he,  she  or  they  be, 
and  are  hereby  permitted  to  do  so,  on  application  to  the 
Mayor,  signed  by  all  the  parties ; Provided,  that  if,  at  an^^ 
time  thereafter,  any  of  the  proprietors  of  lots  in  a block, 
whose  alley  has  been  closed,  shall  desire  the  sauie  to  be 
reopened,  then  it  is  reserved  for  the  City  Council  of  the 
City  of  G-alveston  to  order  the  reopening  of  the  same,  due 
and  sufficient  notice  having  been  first  given  to  the  parties 
to  be  affected  by  it,  before  the  final  action. 

Art.  470.  [VI. J That  nothing  in  this  Ordinance  con- 
tained shall  be  so  construed  as  to  permit  the  placing  of  any 
obstruction  whatever  in  any  of  the  alleys  of  this  city,  unless 
the  said  alley  shall  have  been  previously  closed  under  the 
13ro visions  of  the  preceding  section;  but  the  said  obstructions 
of  whatever  nature,  shall  be  unlawful,  and  the  party 
offending  shall  be  liable  to  pay  a fine  not  exceeding  ten 


109 


dollars  for  each  offense,  in  the  discretion  of  the  Eecorder; 
and  each  day^s  continuance  of  said  obstructions,  after  due 
notice  to  remove  the  same,  shall  be  deemed  a separate 
offence. 

Art.  471.  fVIL]  That  all  Ordinances,  or  parts  of  Ordi-  Approved 
nances,  heretofore  passed,  concerning  alleys,  be,  and  the  Feb.  31, 2872. 
same  are  hereby  repealed,  and  that  this  Ordinance  go  into 
effect  from  and  after  its  due  publication. 


OHAPTEE  XL VII. 

CITY  BONDS — FOR  IMPROVEMENT  OF  STREETS. 

Authorizing  the  Issue  and  Sale  of  One  Hundred  and  Fifty 
Thousand  Dollars  of  the  Bonds  authorized  by  the  Act  of 
the  Legislature  of  the®  State  of  Texas,  apx>roved  Decem- 
ber 2d,  1871,  to  Improve  the  Streets  by  Grading,  Shelling 
and  Eepairing  the  same,  and  Building  Cul  verts  and  Break- 
waters, and  to  Create  a Fund  to  Pay  the  Interest  and 
Principal  of  said  Bonds. 

. Article  472.  [I.]  Be  it  ordained  by  the  City  Council  of  Approved 
the  City  of  Galveston,  That  the  Mayor  of  this  city  be,  and  Feb.  15, 1872. 
he  is  hereby  authorized,  to  have  engraved  or  printed  coupon 
bonds  of  the  City  of  Galveston,  with  semi-annual  coupons 
attached,  which  bonds  shall  be  styled  Galveston  City  bonds 
for  Street  Improvement. 

Art.  473.  [II.]  The  total  amount  of  bonds,  issued  by  amend- 
and  under  the  authority  of  this  Ordinance,  shall  not  exceed  ed  by  Ordi- 
tee  sum  of  one  hundred  and  fifty  thousand  dollars,  and  the  nance  ap- 
bonds  so  issued  shall  bear  date  March  1st,  A.  D.  1872, 
shall  be  due  and  x>ayable  as  follows,  viz : thirty  thousand 
dollars,  two  years  after  date ; thirty  thousand  dollars,  three 
years  after  date ; thirty  thousand  dollars,  four  years  after 
date ; thirty  thousand  dollars,  five  years  after  date ; and 
thirty  thousand  dollars,  six  years  after  date ; and  shall  bear 
interest  at  the  rate  of  ten  per  cent,  per  annum:  interest 
payable  semi-annually;  on  the  first  days  of  March  and 
September,  of  each  year,  on  presentation  of  coupons  to  the 
City  Treasurer,  at  his  office,  in  the  City  of  Galveston ; and 
the  principal  shall  likewise  be  payable  at  the  office  of  said 
City  Treasurer,  on  maturity  of  the  bonds. 

Art.  474.  [III.]  The  bonds  herein  authorized  shall  be 

l^ayable  to or  bearer,  and  the  same  shall  be 

signed  by  the  Mayor,  and  countersigned  by  the  City  Treas- 
urer, and  recorded  in  the  office  of  the  City  Clerk,  in  a book 
to  be  kept  for  that  purpose ; and  there  shall  be  affixed  to 
said  bonds  the  corporate  seal  of  the  City  of  Galveston. 


110 


Art.  475.  [IV.J  Be  it  further  ordained,  Tliat  said  bonds 
shall  be  issued  in  sums  of  one  hundred  dollars  each,  or  any 
multiple  thereof,  not  exceeding  five  thousand  dollars  in  any 
one  bond. 

Art.  476.  [V.]  All  street  improvements  made  with 
the  funds  realized  out  of  the  sale  of  the  bonds  herein 
authorized,  shall  be  in  strict  conformity  with  the  terms  of 
Title  IX  of  the  City  Charter,  special  reference  being  had 
to  the  provision  authorizing  assessments  and  collections  on 
the  property  adjoining  any  street  or  streets  improved. 

See  Sec.  4,  Art.  477.  [VI.]  In  order  to  provide  for  the  annually 
Art.  Ill,  Title  accruing  interest  on  the  bonds  herein  authorized,  and  to 
Jn’  create  a sinking  fund  to  pay  said  bonds,  at  or  before 

jar  ei.  maturity,  there  is  hereby  appropriated  all  sums  of  money 

realized  from  assessments  made  on  the  property  adjoining 
any  street  or  streets  improved,  out  of  the  sale  of  bonds 
herein  authorized ; and  all  sums  so  assessed  and  collected 
shali  be  paid  to  the  City  Treasurer,  and  he  shall  pass  the 
same  to  the  credit  of  a fund  to  be  styled  ‘interest  and 
Sinking  Fund  of  Galveston  City  Bonds  for  Street  Improve- 
ment f Provided,  further.  That,  in  addition  to  the  foregoing 
special  appropriation,  there  is  hereby  annually  appropriated 
out  of  all  funds  pertaining  to  the  general  revenue  of  the 
City  of  Galveston,  eleven  per  cent.,  which  appropriation 
shall  extend  to,  and  be  inclusive  of  the  municipal  year  of 
1877;  and  the  Treasurer  is  hereby  directed  to  pass  the  said 
per  centum  on  all  payments,  as  made  to  him  by  the  collect- 
ing officers  of  the  City,  to  the  credit  of  the  fund  herein- 
before designated,  until  the  fund  so  created  and  provided, 
together  with  special  assessments  herein  made  a part  of 
this  fund,  shall  equal  the  sum  total  of  interest  and  principal 
accruing  and  maturing  in  any  one  year,  when  he  shall  cease 
to  make  such  transfer  from  the  general  fund. 

Art.  478.  [VII.]  When  there  shall  remain  in  the  hands 
of  the  Treasurer,  of  the  fund  created  by  the  foregoing  section, 
an  amount  not  less  than  two  thousand  five  hundred  dollars, 
and  in  excess  of  the  next  semi-annual  payment  of  interest, 
it  shall  then  be  the  duty  of  the  Mayor  to  advertise  proposals 
to  redeem  the  bonds  authorized  by  this  ordinance  to  the 
extent  of  the  sum  so  available;  and  should  the  bonds  not  be 
offered  on  terms  satisfactory  for  redemption,  it  shall  then 
be  the  duty  of  the  Mayor,  in  conjuction  with  the  Finance 
Committee,  when  the  amount  has  accumulated  to  the  sum 
of  not  less  than  five  thousand  dollars  over  and  above  suffi- 
cient to  pay  the  next  accruing  semi-annual  interest,  to  invest 
the  same  in  United  States  bonds,  which  bonds  shall  be 
deposited  with  the  Treasurer,  and  the  same  shall  not  be 


Ill 


used,  or  applied,  except  to  pay  the  interest  and  principal  of 
the  debt  created  by  this  Ordinance. 

Art.  479.  [YIII.]  Any  application  of  the  fund  created  by 
the  sixth  section  of  this  Ordinance,  other  than  that  provided 
for  in  the  sixth  section  hereof,  by  the  Mayor  and  Board  of 
Aldermen,  or  the  Treasurer,  shall  make  them  individually 
liable  to  all  the  penalties  contained  in  Section  4,  Article  3, 
Title  4,  of  the  City  Charter. 

Art.  480.  [IX.  | The  Mayor  and  Finance  Committee  shall 
provide  for  the  negotiation,  sale,  or  placing  of  the  bonds 
herein  authorized. 

Art.  481.  [X.j  Be  it  further  ordained.  That  this  Ordi- 
nance shall  go  into  effect  from  and  after  its  passage. 


CHAPTEE  XL VIII. 

LUMBER  INSPECTORS — DUTIES  AND  POWERS. 
Whereas,  Title  1th,  A:^tic]e  3^  Section  25,  of  the  City  Charter, 
authorizes  thfe  City  Council  to  provide  for  the  inspection 
and  measuring  of  lumber,  shingles,  timber,  posts  and  all 
kinds  of  building  materials,  and  for  the  appointment  of 
one  or  more  Measurers,  or  Inspectors  or  Measurers 
thereof 

Article  482.  [L]  Therefore,  Be  it  ordained  by  the  City 
Council  of  the  City  of  Galveston,  That  there  be,  and  is  hereby 
created,  an  office  for  the  suitable  classification  of  all  lumber 
offered  for  sale  within  the  corporate  limits  of  the  C!ty  of 
Galveston,  whenever  desired  by  the  parties  interested  in  the 
sale  or  purchase  of  the  same. 

Art.  483.  [II.J  There  shall  be  appointed  by  the  Mayor, 
with  the  approval  of  the  City  Council,  a competent  person 
to  fill  the  office  of  Lumber  Inspector  and  Measurer,  who 
shall  have  the  power  to  appoint  one  or  more  deputies,  sub- 
ject to  the  approval  of  the  Board  of  Aldermen,  to  act  in  that 
capacity,  whose  duty  it  shall  be  to  inspect,  class,  and  meas- 
ure all  lumber,  when  called  upon  by  either  the  buyer  or  seller 
thereof,  or  both,  in  the  City  of  Galveston,  and  determine 
and  establish  the  quality  and  quantity  thereof,  in  accord- 
ance with  the  standard  of  measurement  which  has  been,  or 
may  hereafter  be  adopted  by  the  City  Council. 

Art.  484.  jllL]  Such  officer  and  deputies  shall  be  sworn 
to  the  faithful  performance  of  the  duties  of  their  office,  and 
shall  be  duly  commissioned  by  the  Mayor.  The  Inspector 
and  Measurer  shall  keep  an  office  in  the  city  and  give  proper 
notice  where  he  may  be  found. 

Art.  485.  [IV.]  Said  officer  shall  keep  a proper  record 
book,  wherein  he  shall  make  an  entry  of  all  lumber  inspected. 


112 


classed  and  measured  by  him,  giving  date  thereof,  and  the 
names  of  the  persons  for  whom  such  work  is  performed,  and 
give  to  each  party  a certificate  thereof,  when  required  ^ and 
re-mark  all  lumber,  when  by  measurement  he  or  they  shall 
find  the  same  incorrect. 

Art.  486.  [V.]  The  fees  for  his  services  shall  be,  for 
classing,  measuring  and  inspection  at  the  rate  of  fifty  cents 
per  thousand  feet  for  the  inspection  and  measurement  of 
lumber,  and  fifteen  cents  per  thousand  for  shingles,  which 
shall  be  paid  by  the  party  or  parties  requesting  such  classing^ 
inspection  or  measurement. 

Art.  487.  [VI.]  Before  entering  upon  the  duties  of  his 
office,  the  Inspector  shall  give  a bond,  and  good,  solvent, 
security,  in  the  sum  of  one  thousand  dollars,  for  the  faithful 
performance  of  his  duties. 

Art.  488.  [VIL]  All  Ordinances,  orparts  of  Ordinances^ 
conflicting  with  any  of  the  provisions  of  this  Ordinance, 
shall  be,  and  the  same  are  hereby  r<^pea^ed. 

Art.  489,  [YIII.]  That  this  Ordinance  shall  go  into 
effect  and  be  in  force,  from  and  after  its  pass%e. 

Note. — Passed  March  28,  1872.  Three  days  haviog  elapsed  since 
the  passaL^e  of  this  Ordinance,  without  action  on  the  part  of  the  Mayor, 
it  has,  under  Article  6,  Section  1,  Title  3,  of  the  City  Charter,  become  a 
law  without  his  approval. 


CHAPTEB  XLIX. 

i 

OFFICERS  — DEFINING^  DUTIES  IN  RELATION  TO  IMPROVE- 
MENT OF  STREETS. 

Approved  ARTICLE  490.  [L]  Be  it  Ordained  by  the  City  Council  of 
April  2, 1872.  the  City  of  Galveston,  That  no  street  inqirovement,  by 
grading  and  shelling  or  paving,  shall  be  undertaken  until 
the  Board  of  Aldermen  has,  by  special  resolution,  defined 
the  street  or  streets  so  to  be  improved,  also  the  particular 
kind  of  imjirovement  to  be  made,  whether  by  grading  and 
shelling,  or  paving ; and  in  all  such  proposed  improvements 
two-thirds  of  the  Board  of  Aldermen  present  shall  concur. 

See  Chapt.  AnT.  491.  [II.]  When  any  improvement  of  a street  or 
I^^s  been  determined  upon,  in  the  manner  provided 
aud^All^s.^^  for  in  the  foregoing  section  of  this  Ordinance,  it  shall  then 
be  the  duty  of  the  City  Engineer  to  make  a careful  survey 
of  the  street  or  streets  so  to  be  improved,  and  he  shall  also 
make  a careful  estimate  of  the  cost  of  such  improvement, 
and  shall  assess  two-thirds  of  the  estimated  cost  of  such 
work  on  the  real  property  immediately  adjoining  and  being 
on  either  side  of  such  street  or  streets,  not  counting  the 
intersection  of  streets ; and  the  assessments  so  made  shall 


113 


be  returned  to  the  Board  of  Aldermen  on  duplicate  rolls, 
and  such  rolls  shall  define  the  number  of  the  lot  or  part  of 
lot,  and  also  the  number  of  the  block  or  blocks,  and  shall 
give,  in  detail,  the  name  of  the  owner  or  owners  of  such 
lots  or  parts  of  lots,  if  to  be  ascertained,  together 
with  the  sum  so  assessed  on  each  lot  or  part  of  lot, 
which  assessment  and  roll  shall  be  approved  by  the 
Board  of  Aldermen,  and  when  So  made  and  approved,  shall 
be  held  to  be  a valid  assessment  on  the  lot  or  part  of  lot 
named ; and  such  assessment  so  made  shall  be  divided  into 
five  (5)  equal  parts — tlie  first  of  which  shall  be  due  and 
payable  on  completion  of  the  work,  and  the  others  annually 
thereafter,  with  interest  at  the  rate  of  ten  (10)  per  cent,  per 
annum,  and  the  interest  shall  run  to  the  time  of  collection 
of  each  annual  installment  of  principal. 

Art.  492.  [III.J  When  rolls  have  been  made  and  ap- 
X>roved,  as  provided  for  in  the  foregoing  section  of  this 
Ordidance,  that  the  City  Clerk  shall  then  certify  the  same, 
one  of  which  shall  remain  in  the  Clerk’s  office,  and  the  other 
shall  be  deposited  in  the  office  of  the  Collector  of  City  Taxes, 
who  shall  xiroceed  to  the  collection  of  assessments  and 
interest  as  it  falls  due,  giving  to  the  owner  or  owners,  his, 
her  or  their  agent,  thirty  (30)  days’  written  notice  that  such 
assessment  and  interest  will  be  due  and  payable ; and  should 
any  persons  fail  to  pay  promptly  such  assessment  and 
interest,  it  shall  then  be  the  duty  of  the  Collector  of  Taxes 
to  furnish  to  the  City  Attorney  a certified  copy  of  the 
assessment,  whereupon  he  shall  enter  suit  against  such 
delinquent  in  any  court  of  comx^etent  jurisdiction  to  enforce 
collection,  under  the  authority  and  pursuant  to  the  pro- 
visions contained  in  Sec.  1,  Art.  14,  Title  YI,  of  the  City 
Charter,  which  collections,  when  so  made,  shall  be  returned 
to  the  Collector  of  Taxes;  and  the  said  Collector  shall  pay 
over  to  the  Treasurer  monthly  all  collections  of  assessments, 
and  interest,  made  by  him,  and  shall  make  monthly  a 
detailed  report  of  such  collection  of  assessments  and  interest 
to  the  Board  of  Aldermen ; and  it  shall  be  the  duty  of  the 
City  Clerk  to  enter  such  payment  reported  opposite  the 
name  of  the  person  or  persons  assessed  on  the  rolls  in 
satisfaction  of  the  assessment. 

Ab-t.  493.  [I Y.  I Be  it  further  ordained.  That  an  Ordi- 
nance ^Ttequiring  the  Sujierintendent  ot  Streets  to  rej)ort 
to  .the  City  Council  a list  of  all  lots  adjoining  or  fronting  on 
Avenues  and  Streets"  which  liave  been,  or  shall  hereafter 
be.  Improved  by  Shell,”  approved  9th  of  January,  1872,  be 
and  is  hereby  repealedo 


114 


CHAPTEE  L. 

QUARANTINE  AND  HEALTH  REHULATIONS. 

Approved  ARTICLE  494.  [1.1  Be  it  Ordained  by  the  City  Council  of 
Marchs,  1872  City  of  Gralveston,  That  the  Health  Physician  of  the  City 
of  Galveston  shall  be  also  Quarantine  Physician  of  said  city  ; 
and  it  shall  also  be  his  duty  to  keep  himself  advised  of  the 
Sanitary  re^  existence  of  any  pestilential,  contagious  or  infectious  diseases 
ulation.  at  ports  from  which  vessels  may  arrive,  at  or  be  about  to 
sail  for  the  port  of  Galveston,  and  to  require  any  such  ves- 
sels  to  stop  at  the  Quarantine  Station  now  established ; and 
any  master  of  a vessel  violating  the  order  of  the  Quarantine 
Physician,  shall  be  fined  in  a sum  not  less  than  one  hundred 
nor  more  than  three  hundred  dollars,  or  by  imprisonment 
for  three  months,  or  both,  at  the  discretion  of  the  Eecorder. 

Chapter  Art.  495.  [II.]  Be  it  further  ordained.  That  the  pilots 
XXXII,  on  of  this  port  shall  notify  all  vessels  coming  from  ports, 
Quarantine,  (jeeiared  infected  by  the  Quarantine  Physician,  of  the  exis- 
tence of  the  order,  and  shall  bring  snch  vessels  to  anchor 
at  the  Quarantine  Station,  or  outside  the  bar,  for  examina- 
tion by  the  Quarantine  Physician ; and  no  vessel,  from  any 
infected  port,  shall  be  brought  to  the  city  by  the  pilots,  or 
beyond  the  Quarantine  Station,  without  permit  from  the 
Quarantine  Physician,  and  any  violation  of  this  provision, 
by  any  pilot,  shall  subject  said  pilot  to  a fine  of  one  hundred 
dollars. 

Art.  496.  [IIL]  Thecaptain,  master,  or  person  in  charge 
of  any  boat,  steamship,  or  other  craft  or  vessel  which  shall 
come  past  the  Quarantine  Station,  having  on  board  thereof 
any  person  sick  with  malignant  fever,  small-pox  or  other 
pestilential,  contagious  or  infectious  diseases,  shall  be  guilty 
of  a misdemeanor,  and  shall  be  i)unished  by  a fine  of  not  less 
than  one  hundred,  nor  more  than  three  hundred  dollars,  and 
imprisonment  not  less  than  thirty  days. 

Art.  497.  [IV.]  It  shall  be  the  duty  of  such  captain, 
master,  or  person  in  charge,  within  three  hours  after  his 
arrival  at  Quarantine,  to  report,  in  writing,  to  the  Quaran- 
tine Physician  the  fact  of  such  sick  person  being  on  board, 
and  the  name  and  description  of  his  craft ; and  he  shall  not 
permit  such  sick  person  to  land,  or  be  landed,  or  to  com- 
municate with  the  shore  in  any  way,  until  the  Health 
Physician  shall  give  permission ; and  any  neglect  or  viola- 
tion of  this  provision  shall  be  punished  by  fine,  not  less  than 
one  hundred  dollars. 

Art.  498.  [V.]  The  owner,  driver,  conductor,  or  person 
in  charge  of  any  stage,  car,  or  public  conveyance,  which 
shall  enter  the  city,  having  on  board  any  person  sick  of  a 
malignant  fever,  small-pox,  or  other  pestilential,  contagious 


115 


or  infections  disease,  unless  such  person  became  sick  on  the 
way,  and  could  not  be  left,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  on  conviction  thereof,  shall  be  imnished  by 
a fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars ; and  if  any  person,  so  sick,  shall  be  brought  into  the 
limits  of  the  city  by  any  public  land  conveyance,  the  owner, 
driver,  conductor,  or  person  in  charge,  shall,  within  three 
hours,  report  in  writing,  the  facts,  with  the  name  of  the 
person,  and  the  house  where  he  was  put  down  in  the  city, 
to  the  Health  Physician;  and  any  person  neglecting  to  com- 
ply with  this  provision,  shall,  on  conviction,  be  punished  by 
a fine  not  less  than  fifty,  nor  more  than  one  hundred  dollars. 

Aut.  499.  [YI.J  Any  person,  who  shall  bring,  or  cause 
to  be  brought  into  the  city  any  person,  or  property  of  any 
kind,  tainted  or  infected  with  malignant  fever,  small  pox, 
or  other  pestilential  or  infectious  disease,  shall  be  guilty  of 
a misdemeanor,  and  on  conviction  thereof,  shall  be  i)unished 
by  a fine  not  less  than  on®  hundred  dollars,  nor  more  than 
three  hundred  dollars,  and  in  default  of  payment,  shall  be 
committed  to  jail,  and  be  required  to  work  out  said  fine  on 
the  public  streets,  under  the  direction  of  the  Street  Com- 
missioner, at  the  rate  ot  two  dollars  for  each  day’s  work. 

Art.  500.  [Yll.j  The  Health  Physician  shall  have  power, 
by  an  order  in  writing  for  that  purpose  to  be  served  on  the 
master,  captain,  or  person  in  charge  of  any  boat,  steamboat, 
steamship,  or  other  ship,  vessel  or  craft  that  may  be  suspect- 
ed by  him  to  have  on  board  any  infected  or  diseased  person 
or  x^roperty,  to  require  such  boat,  vessel,  or  other  craft,  to 
be  removed  to  some  certain  distance,  not  less  than  two 
miles  from  the  city ; and  every  such  master,  captain  or  per- 
son in  charge  of  such  boat  or  vessel,  who  shall  fail  to  remove 
the  same,  after  being  so  notified,  within  five  hours  from 
service  of  notice,  shall  be  guilty  of  a misdemeanor,  and  on 
conviction  thereof,  shall  be  punished  by  a fine  not  less  than 
fifty  dollars  for  each  day  he  shall  fail  to  obey  said  order, 
and  each  day’s  violation  of  such  order  shall  be  deemed  a 
separate  offence. 

Art.  501.  [YIII.]  Every  keeper  of  an  inn,  hotel,  tavern, 
boarding  or  lodging  house,^  in  this  city,  who  ^hall  have  in 
his  house,  at  any  time,  any  sick  guest,  traveler  or  sailor,  or 
other  person,  shall  report  the  fact,  and  name  of  the  person, 
in  writing,  within  six  hours  after  he  came  to  the  house,  or 
was  taken  sick  therein;  and  neglect  of  this  requirement 
shall  subject  the  keeper  of  any  such  house  to  a fine,  not  less 
than  ten  nor  more  than  fifty  dollars. 

Art.  502.  [IX.]  Each  physician  shall  report,  under  his 
hand,  to  the  Health  Physician  the  name,  residence,  and 
disease  of  every  patient  whom  he  shall  have  sick  of  any 


116 


malignant  fever,  small-pox,  or  other  contagious,  infectious 
or  pestilential  disease,  within  six  hours  after  he  shall  have 
visited  said  patient  and  ascertained  the  nature  of  his  disease; 
and  any  neglect  of  this  requirement  by  any  physician,  shall 
subject  the  party  offending  to  a fine^  of  not  less  than  five 
nor  more  than  fifty  dollars. 

Art.  503.  [X.|  The  Health  Physician  shall,  when  he  is 
informed  of  the  existence  of  any  malignant  fever,  small-pox, 
or  other  pestilential,  infectious  or  contagious  diseases,  in 
this  city,  cause  the  person  effected  to  be  taken  to  such  place 
as  he  may  designate,  for  treatment,  and  the  place  selected 
by  the  physician  shall  be  and  become  a pest  house,  as  author- 
ized by  Article  2,  Title  8th,  of  the  City  Charter ; and  the 
Health  Physician  shall  make,  and  he  is  hereby  clothed  with 
the  power  to  make  and  enforce,  all  proper  regulations  to 
keep  the  diseased  person  isolated  from  healthy  persons,  and 
to  prevent  intrusion  of  parties  not  under  his  direction  and 
control. 

Art.  504.  [XL]  All  vessels,  arriving  at  this  port  from 
ports  declared  infected  by  the  Health  Physician,  shall  be 
visited  by  him,  and  if  said  vessel  has  a clean  bill  of  health 
from  the  port  whence  she  sailed,  and  has  had  no  disease  on 
board  during  her  passage,  she  shall  be  allowed  to  come  to 
the  city  without  detention ; but  in  case  she  has  not  a clean 
bill  of  health  from  her  port  of  departure,  or  has  had  sickness 
on  board  during  the  passage,  or  at  the  time  of  her  arrival, 
she  shall  be  detained  at  Quarantine,  for  such  time  as  shall 
be  designated  by  the  Health  Physician,  and  undergo  such 
disinfection  as  he  shall  prescribe;  and  the  Health  Physician 
is  hereby  granted  power  to  examine  the  master,  under  oath, 
as  to  the  health  of  his  vessel,  and  shall  be  entitled  to  demand, 
and  receive,  from  each  vessel  visited  b}^  him,  for  the  benefit 
of  the  Hospital  and  Quarant;jne  Fund,  the  same  charges  as 
are  authorized  by  the  act  authorizing  Quarantine  on  the 
coast  of  Texas,  approved  August  13,  1870. 

Art.  505.  [XII.  ] That  this  Ordinance  take  effect  and  be 
in  force,  after  the  expiration  of  ten  days  after  its  i)ublication. 


CHAPTEE  LI. 

AN  ORDINANCE  TO  REOULATE  CITY  SURVEYS  AND  DEFINE  * 
THE  DUTIES  OF  CITY  ENGINEER. 

Approved  ARTICLE  506.  [I.]  Be  it  Ordained  by  the  Mayor  and 
Jan.  21, 1867.  of  the  City  of  Galveston,  in  Council  convened. 

See  Art.  I Mayor  shall  annually  appoint,  with  the  approval 

Title  II,  of  of  a majority  of  the  City  Council,  a City  Engineer,  who 
the  Charter,  shall  be  a professional  engineer,  familiar  with  the  use  of 


117 


the  compass,  transit,  level  and  tlieodolite.  He  shall,  before  amend- 
entering  upon  the  duties  of  his  office,  execute  a bond,  pay-  ed  "July  19, 
able  to  the  City  of  Galveston,  with  two  or  more  good  and  1^71. 
sufficient  securities,  in  the  sum  of  ten  thousand  dollars,  to 
be  approved  by  the  Mayor,  conditioned  that  said  Engineer 
shall  faithfully,  correctly  and  efficiently  discharge  the  duties 
of  his  office  during  the  terms  of  his  incumbency;  he  shall 
also  take  and  subscribe  to  an  oath  of  office,  before  some 
competent  authority,  to  well  and  truly,  and  to  the  best  of 
his  skill  and  ability,  discharge  and  perform  the  duties  of 
said  office. 

Art.  507.  |”II.]  It  shall  be  the  first  duty  of  the  City 
Engineer  to  ascertain  the  established  monuments  of  the 
city  survey,  and  from  them  to  extend  the  surveys  of  the 
City,  and  establish  others  as  provided  herein,  and  from 
them  to  locate,  establish  and  survey  all  private  property, 
and  streets  and  alleys,  within  the  corporate  limits  of  the 
Corporation  of  Galveston,  when  called  on  or  required  so 
to  do. 

Aut.  508.  [III.]  The  original  plan  and  survey  known 
and  designated  as  the  ^^Groesbeck  Survey,’^  so  far  as  marked 
by  actual  measurements,  and  so  far  as  revived,  re-estab- 
lished and  determined  l>y  the  surveys  of  Tipton  Walker, 

Civil  Engineer,  under  and  by  resolution  and  order  of  the 
City  Council  of  Galveston,  shall  be  and  is  hereby  affirmed 
and  established  as  the  true  city  survey  of  the  City  of 
Galveston.  The  theory  of  snrvey  and  plot,  as  marked  on 
Sandusky’s  Map,  as  to  the  dimensions  of  blocks  and  lots, 
and  width  of  streets  and  alleys,  is  also  confirmed  in  each 
and  every  particular,  with  the  exception  that  the  street 
known  and  designated  as  Avenue  B,  or  Strand  street,  is 
eighty  feet  in  width,  instead  of  seventy  feet,  as  marked 
thereon. 

Art.  509.  [IV.]  It  shall  be  the  duty  of  the  City 
Engineer  to  procure  for  his  office  and  use,  as  property  of  the 
City,  and  at  the  expense  thereof,  two  suitable  record  books, 
one  to  be  used  for  the  record  and  illustration,  by  suitable 
drawings  of  all  city  work  done  b}^  him,  pertaining  to  grades, 
streets,  alleys,  side-walks,  sewers,  drains,  ditches,  public 
squares,  parks,  water  works,  or  any  other  public  work ; the 
Other  for  recording  all  private  surveys. 

It  shall  be  his  duty  to  superintend  the  construction  of 
five  or  more  measuring  rods,  of  twenty  feet  in  length,  of 
suitable  wood,  to  have  metal  ferules  at  each  end,  and  he 
shall  graduate  them  according  to  the  standard  measurement 
of  the  Groesbeck  Survey. 

He  shall  have  full  control  and  custody  of,  and  be 
responsible  for,  all  the  engineering  instruments,  drawings, 


118 


rulers,  measuring  rods,  chains,  record  books,  maps,  plans, 
tables,  office  furniture,  and  all  otberproperty  in  any  manner 
appertaining  to  the  office  of  City  Engineer,  and  shall  receipt 
for  them  by  Inventory,  and  return  them  to  the  Mayor  or 
City  Council,  or  to  his  successor  on  leaving  his  office. 
Suitable  rooms  shall  be  furnished  for  his  official  use  at  the 
cost  of  the  City. 

It  shall  not  be  lawful  for  the  City  Engineer  to  be  absent 
from  the  City  at  a longer  period  than  one  week  during  any 
given  time,  without  special  leave  of  absence  from  the  Mayor. 
He  shall  have  full  power  and  authority  to  appoint  a compe- 
tent engineer  as  his  deputy,  whose  certilicate  shall  be 
official  and  binding  in  case  of  the  chiefs  absence  or  dis- 
ability. The  said  City  Engineer  shall  be  responsible,  under 
his  bond  of  office,  for  ail  official  acts  of  his  deputy ; and 
said  Deputy  Engineer  be  required  to  take  and  subscribe  to 
a like  oath  of  office,  before  entering  upon  the  discharge  of 
his  duties,  as  is  herebv  required  of  the  Engineer  and  said 
Deputy  Engineer,  and  file  the  same  with  the  Clerk  of  the 
City  Council. 

Art.  510.  [V.]  That  whenever  called  on  by  an  owner, 
agent  or  lessee  of  any  property  within  the  corporate  limits 
of  said  City,  to  survey  lines  or  boundaries,  said  City  Engi- 
neer shall,  as  soon  as  practicable,  proceed  to  make  the 
required  survey  thereof,  measuring  from  the  nearest  estab- 
lished monument  or  initial  points.  Said  Engineer  shall 
also  establish  such  other  monument  or  initial  points  at  the 
intersection  of  such  streets  as  may  be  deemed  necessary  by 
the  City  Council,  to  remain  as  permanent  monuments  for 
future  reference  and  guidance.  Said  monuments  or  initial 
X)oints  so  established,  shall  not  be  altered  or  disturbed  by 
any  person  or  persons  under  a penalty  of  not  less  than  fifty 
dollars,  to  be  recovered  before  any  court  of  competent 
authority. 

Art.  511.  [VI.  J The  City  Engineer  is  hereby  authorized 
to  charge  not  exceeding  two  cents  per  running  foot,  for  the 
measuring  of  any  block,  lot,  or  parcel  of  ground,  counting 
from  the  nearest  monument  or  initial  point ; Provided,  that  in 
no  case  shall  the  fees  for  surveying  any  one  lot  exceed  the 
sum  of  tw^enty-five  dollars. 

Art.  512.  [VII.]  That  the  City  Engineer  shall  run  a 
sufficient  set  of  levels,  at  least  on  alternate  streets  through 
the  City,  and  project  said  levels  on  proper  level  paper,  of 
uniform  scale,  with  the  view  to  the  establishment  of  the 
proper  grades  and  drainage  of  the  City. 

Art.  513.  [VIII.]  That,  in  giving  the  grade  of  a block  or 
lot  for  any  purpose,  the  Engineer  shall  mark  the  grades  on  or 
near  the  corner  post  or  stake,  in  such  manner  that  the  refer- 


119 


euce  may  be  had  easily  without*their  displacement.  In  run- 
ning the  lines  of  level,  as  above,  the  Engineer  shall  establish 
bench  marks  at  all  intersections,  checking  upon  the  same 
until  they  agree ; he  will  also  establish  two  or  more  perma- 
nent bench  marks  at  mean  high  tide,  for  reference  of  his 
datum  line  for  all  levels.  All  bench  marks  shall  be  regis- 
tered in  the  proper  record  book,  and  numbered  with  the 
number  of  the  block  upon  which  it  is  made. 

Akt.  514.  [IX.]  That  the  annual  compensation  for  As  amend- 
salary  of  said  City  Engineer  shall  be  the  sum  of  twelve  ed  July  19, 
hundred  dollars,  payable  at  the  end  of  each  month,  in  full 
payment  for  all  field  or  office  work  done  under  orders  from 
the  Mayor  and  City  Council,  or  proper  committees,  in 
addition  to  the  actual  expenses  incurred  in  the  employment 
of  rodmen,  and  labor  employed  in  prosecuting  the  work, 
except  for  surveying  and  establishing  monuments  or  initial 
points,  which  shall  be  paid  for  at  a rate  not  exceeding  that 
herein  specified  for  private  surveys. 

Akt.  515.  [X.]  All  accounts  for  corporation  v/ork  mmst 
be  certified  to  by  the  City  Engineer,  or  his  Deputy,  and 
audited  before  payment. 

Art.  516.  [XI.]  It  shall  be  the  duty  of  the  Chief 
Engineer,  and  in  his  absence  or  disability  the  Deputy 
Engineer,  to  attend  the  meetings  of  the  Council  when 
required,  and  he  shall  report  from  time  to  time  the  condi- 
tion and  progress  of  all  public  works  under  his  supervision 
and  control,  needing  special  attention,  and  also  make 
suitable  reports  to  the  City  Council  when  specially  directed 
or  required  by  the  Mayor  or  City  Council. 

Art.  517.  [XII.]  That  Chapter  XY,  of  revised  code  of 
the  City  Ordinances,  approved  January  8th,  1857,  entitled 
an  ordinance,  ^‘concerning  the  office  of  the  City  Surveyor,^’ 
be  and  the  same  is  hereby  repealed. 


CHAPTEE  LII. 

ON  TAXES. 

An  Ordinance  to  amend  Sections  first  and  fifty-first  of  “ An  Approved 
Ordinance  to  establish  an  uniform  rate  of  license  taxes  on  March  5, 1872 
professions,  callings,  and  other  business,  occupations, 
and  on  carriages,  hacks,  drays,  and  other  vehicles,” 
approved  July  5th,  1871. 

Article  518.  [I.]  Be  it  ordained  by  the  City  Council 
of  the  City  of  Galveston,  That  the  first  section  of  the  above 
recited  Ordinance  be  so  amended  as  to  read  as  follows: 

“ That  from  and  after  the  passage  of  this  Ordinance  every 
person,  or  firm,  or  corporation,  being  engaged  in,  or  about 


120 


to  commence  any  of  the  professions,  callings,  or  business 
occupations  liereinafter  named,  shall  pay  a license  tax,  as 
herein  specifically  set  forth  ; Provided,  that  all  licenses  here- 
tofore issued  shall  be  deemed  and  held  to  be  good  until  such 
license  shall  expire  by  limitation ; and  Provided,  further, 
that  no  license  shall  issue  for  a longer  period  than  one  year^ 
or  for  a less  period  than  three  months,  and  shall  not  be 
transferable,  except  by  permission  of  the  City  Council. 

As  amend-  A.RT.  519.  [II.J  Be  it  further  ordained.  That  the  fifty- 
ed  by  Ordi-  first  Section  of  the  above  recited  Ordinance  be  so  amended 
^ oved  March  follows : That  it  shall  be  the  duty  of  the 

29  187-2.  Treasurer  to  keep  an  accurate  account  of  all  ]3ersons  pur- 
suing any  occupation  for  Avhich  a license  is  required  by  this 
Ordinance,  in  proper  book'll,  showing  nature  of  occupation  ^ 
amount  of  license,  when  paid,  for  what  time  and  when  due; 
and  when  any  license  tax  falls  due,  he  shall  notify  the  per- 
son owing  the  same  that  the  same  is  due,  by  a written  notice 
delivered  at  hiy  place  of  business,  or  through  the  post-office, 
stating  in  said  notice  the  amount  of  tax,  the  date  the  same 
tails  due,  and  the  place  where  the  same  must  be  paid,  and 
notifying  the  person  to  appear  at  his  desk,  within  ten  days 
from  date  of  liotice  and  pay  said  tax.  Provided,  that  it  shall 
not  be  necessary  to  give  such  notice  to  parties  just  com- 
mencing business,  or  to  parties  doing  simply  a transient 
business  such  as  peddling,  &c.  And  in  case  any  person, 
owing  a license  tax,  after  being  so  notified,  shall  neglect  to 
appear  within,  the  time  specified  in  said  notice,  and  pay  the 
tax,  and  obtain  his  license,  the  s^id  Treasurer,  or  his  clerk, 
shall  hand  the  name  and  residence  of  the  defaulting  tax 
payer  to  the  Chief  of  Police  of  the  city ; and  it  shall  be  the 
duty  of  the  Chief  of  Police,  to  whom  said  name  and  resi- 
dence is  handed,  to  make  the  j>roper  complaint  before  the 
Eecorder.’^ 

Art.  520.  [III.]  Be  it  further  ordained.  That  the  clause 
in  Section  49,  of  the  above  recited  Ordinance,  appropriating 
one-half  of  the  penalty,  adjudged  by  the  Eecorder,  to  the  m- 
former,  be  and  the  same  is  hereby  repealed. 

Art.  521.  [lY.j  That  this  Ordinance  take  effect,  and 
be  in  force,  after  due  publication. 


An  Ordinance  levying  an  ad  valorem  and  poll  tax,  directing 
the  assessment  of  the  same,  and  making  an  appropriation 
of  a portion  thereof,  and  aj)pointing  a board  of  appraise- 
ment. 

Approved  Art.  522.  [L]  Be  it  Ordained  by  the  City  Council  of  the 
April  2, 1872.  City  of  Galvestoii,  That  there  is  hereby  levied  for  general  * 
purposes,  for  the  current  municipal  year,  on  all  property, 


121 


real  and  personal,  held  and  owned  within  the  limits  of  said 
city  on  the  1st  day  of  March,  A.  D.  1872,  a tax  of  one  (1) 
per  ceritiiin  upon  the  assessed  value  of  the  same;  Provided, 
nevertheless,  that  this  levy  shall  not  extend  to  any  pro- 
perty, or  embrace  any  assessment  upon  any  property,  exempt 
from  taxation  by  the  Constitution  of  the  State  or  the  City 
Charter. 

Art.  523.  [II.]  Be  it  further  ordained.  That  a poll  tax 
of  one  dollar  is  hereby  levied  on  each  and  every  male  person 
who  was  twenty-one  years  of  age  and  upward,  and  who  was 
resident  of  this  city  on  and  for  one  year  preceding  the  1st 
day  of  Marcli,  1872. 

Art.  524.  [III.]  Be  it  further  ordained.  That  three 
Commissions  be  apx)ointed,  by  the  Mayor  with  the  approval 
of  the  City  Council,  who  shall  constitute  a Board  of  Appraise- 
ment for  the  purpose  of  taxation,  agreeably  to  the  City 
Charter. 

Art.  525.  [IV.]  All  property  held  or  owned  as  aforesaid 
within  said  city,  sliall  be  rendered  for  taxation  by  the  owner, 
agent,  controller  or  manager  thereof,  aiul  the  taxes  hereby 
levied  thereon,  together  with  the  said  poll  tax,  shall  be 
assessed,  and  collected,  according  to  the  terms  of  the  City 
Charter,  and  such  ordinance  or  ordinances  as  may  hereafter 
be  passed  in  relation  thereto,  and  subject  to  such  penalties 
as  may  be  prescribed  therein. 

Art.  52G.  [V.]  The  City  Treasurer  shall,  out  of  the  one 
per  centum  tax  hereby  levied,  lay  aside  and  reserve  one- 
fourth  of  the  same  as  it  shall  pass  into  the  treasury,  until 
the  amount  thus  laid  by  shall  be  sufficient  to  cover  the 
l)rincipal  and  interest  of  all  the  Bridge  Bonds,’^  (commonly 
so  called)  falling  due  and  becoming  ijayable  within  the 
present  municipal  year;  and,  also,  one  year’s  interest  on 
all  out-standing  Bridge  Bonds  aforesaid ; which  amount  so 
laid  by,  shall  be  held  by  the  Treasurer  as  a special  deposit 
for  the  purpose  of  making  payments  of  the  amounts  desired 
to  be  covered  as  aforesaid. 

Art.  527.  |VI.]  Tliis  Ordinance  shall  take  effect,  and 
be  in  force,  from  and  after  its  passage. 


123 


INDEX. 



Article. 

ALDERMEN ; 

Must  reside  in  ward  fur  which  he  is  elected 1 

Committee  on  elections,  how  formed 2 

Duties  of  committees,  how  formed 3 

Qualification  of  Aldermen 4 

ALLEYS : 

To  be  graded 46.5 

To  be  filled  by  the  owners  of  adjoining  lots 466 

Punishment  for  failure  to  fill  up  when  notified 467 

Concerning  lots  owned  by  non-residents 468 

When  may  be  closed 469 

Parties  obstructing  liable  to  a fine 470 

Repealing  other  ordinances  on  alleys 441 

(See  Streets,  Side- walks  and  Alievs.) 

ANIMALS : 

Running  at  large  prohibited 5 

Dogs  running  at  large  to  be  killed 6 

Impounding  animals 7 — 8 

Owners  may  redeem  when 9 

To  be  killed  when 10 

Licensed  dogs  excepted 11 

Dog  licenses 1*2 

Application  of  ordinance  to  horses  and  cattle  restricted 13 — 14 

Keeping  swine  and  goats  in  certain  limits  prohibited 15 — 16 

Abuse  of  animals  prohibited 17 

Driving  cattle  in  streets  prohibited 18 

Punishment  for 19 

ASSESSOR  OF  TAXES : 

Oath  and  bond  of 22 

To  publish  notice 22 

Tax  payers  to  return  property  to 22 

Assessment  roll 22 

Excessive  assessment,  how  corrected 23 

Duties  of  Assessor 23 

(See  Taxes.) 

BAWDY-HOUSES : (See  public  peace. ) 

BAR-ROOMS : 

. Keeping  open  after  12  o’clock  p.  M.,  prohibited 32 

Punishment  for  violation  of  ordinance 32 

BATEHNG  LIMITS: 

In  nude  state  on  wharves  and  docks  prohibited 33 

Prohibiting  in  certain  limits  on  Gulf  shore ' 34 

Punishment 35 

BIDDERS  AT  TAX  SALES  : 

Punishment  for  not  paying  bid 27 

BILLIARD  TABLES  : (See  Public  Peace.) 

BONDS  AND  DEBTS  OF  THE  CITY  : 

(See  city  bonds  and  harbor  improvement  bonds.) 

Authorizing  engraving  of 36 


124 


mDTSX. 


Shall  mature  when 37 

Amount  payable  each  year  not  to  exceed  $30,000 37" 

Amount  to  be  issued 38 

To  be  sold  in  open  market 39^ 

Scrip  holders  may  purchase  bonds  with  scrip — 49 

Sixteen  per  cent,  of  general  fund  appropriated  to  pay 41 

Treasurer  to  keep  accounts 42 

Faith  of  cit3"  pledged  for  payment  of 43 

Matured  coupons  to  be  paid  by  Treasurer 44 

Mayor  and  Treasurer  to  sign 45 

Certificates  of  indebtedness  lo  issue - 45 

Certificates  to  be  given  for  outstanding  debts.? 47 

Mayor  to  have  bonds  engraved 48 

Amount  to  be  issued 49 

Form  of  . 59 

Four  per  cent,  of  general  fund  appropriated  to  pay  interest  and 

create  sinking  fund 52 

Duties  of  Treasurer  in  relation  to - 53 

Officers  to  be  personally  responsible  for  misapplication  of  the 

fund 54 

Mayor  and  Aldermen  to  sell  the  bonds 55 


BRIDGES  AND  BRIDGE  BONDS ; 

Mayor  authorized  to  contract  with  G.y  H,  & H.  R.  R.  Company  to 


erect  bridges.' 55 

Manner  of  executing  contract 57 — 61 

Providing  for  collection  of  tax 61 

Payment  of 62 


BROADWAY : (See  streets,  sidewalks  and  alleys.) 
CATTLE,  (See  Animals.) 

CEMETERIES; 


Deeds  for  lots  to  he  printed  

Proceeds  of  lots  sold  to  be  credited  to  cemetery  fund  . . .. 

Superintendent  to  be  appointed 

Sexton  to  prepare  the  graves 

Lots  71  and  80  in  section  1 designated  as] 

Maimer  of  laying  off,  dividing  and  selling 

Sexton  to  keep  a register 

Sexton  to  require  a certificate  before  interring 

To  keep  a record  book 

City  clerk  to  transcribe  and  publish  sexton^s  report 

Bodies  not  to  be  disinterred 

Punishment  for  injuring  tombstones,  &c.,  

CITY  ATTORNEY : 

Employment  of 

Duties  of 

Compensation  of. 

CITY  BONDS  : (See  Bonds.) 

The  Maj^or  authorized  to  have  printed 

Concerning  interest  on  bonds,  and  when  payable 

How  signed  and  seal  affixed 

Concerning  street  improvements! 

To  create  a sinking  fund  

Concerning  the  redemption  of  the  bonds  

Concerning  penalties..., 

Mayor  and  finance  committee  to  provide  for  sale  of  bonds 
CITY  ENGINEER; 

iJ  uties  of 

Establishment  of  initial  points  in  streets 

Fees  for  surveying  fixed 


67 

..w  68 

69 

79 

....  63 
64—  65 
....  73 

78 

80 

....  81 
....  82 
85 

85 

.....  87 

88 


473 

.474 

.476 

.477 

.478 

.479 

.480 

506 

507 
511 


/ 


INDEX. 


125 


Article. 

Drainage  of  the  city 512 

Compensation  of 513 

Repealing  ehapter  XV  concerning  city  surveyor 516 

Appointments  of  engineer 505 

Groesbeck  survey  affirmed  and  established  as  the  true  survey  of 

the  citv  of  Galveston 508 

CITY  SURVEYOR  : (See  City  Engineer.) 

CIRCUSES  : (See  Shows.) 

COUNTY  ATTORNEY : 

Collecting  tees  in  Recorder’s  Court  prohibited,  and  officers  pro: 

hibited  from  allowing  fees 89 

Penalties  for  officers  allowing  fees 90 

COLLECTOR  OF  TAXES: 

Oath  and  bond  of 21 

To  give  notice  and  demand  payment - 25 

To  levy  on  and  sell  property  for  taxes 26 

Property  resold  when,  bidders  punished  for  not  paying  bid 27 

To  issue  certificate  of  purchase , 28 

Shall  prepare  roll  of  unpaid  taxes  due 29 

Shall  make  final  report  annually 31 

CHIEF  OF  POLICE,  DUTIES  OF:  (See  Police  Regulations  ) 
Co*nnen«ation  of:  (See  Officers.) 

DIVISION  FENCES : 

Concerning  erection  of 93 

Penalt}^  for  neglect  or  failure 94 

Owners  of  vacant  lots  excepted 95 

DRIVING  : (See  Hacks,  Drays,  etc.) 

(See  Wharves.) 

DRAYS:  (See  Taxes.) 

(See  Hacks,  Dravs  and  Other  Vehicles.) 

DOGS : (See  Animals.) 

DANCE-HOUSE  : (See  Public  Peace.) 

ELECTIONS; 

Committee  on,  how  formed 2 

Duties  of  committee 3 

ENGINEERS  : (See  Fire  Engine  Department.) 

ESPLANADE  : (See  Streets  and  Sidewalks.) 

EXHIBITIONS  : (See  Shows,  Circuses,  etc.) 

FENCES  : (See  Division  Fences.) 

FINANCES  : (See  Bonds,  and  City  Bonds.) 

Concerning  payment  of  indebtedness  to  the  city  96 

All  monies  recieved  on  aecount  of  the  city  to  be  paid  into  the 

city  treasury • 97 

FIRES— PREVENTION  AND  EXTINGUISHMENT  OF : 

How  alarm  shall  be  given 98 

Penalty  for  false  alarm 99 

Penalty  for  refusing  to  remove  combustible  material lOQ 

Penalty  for  discharging  fire  arms  within  the  city  limits 101 

Penalty  for  carrying  coals  and  brands,  except  in  a covered  vessel.  102 

Penalty  for  building  fires  in  any  yard,  alley  and  street 103 

Concerning  erection  of  stoves,  etc 104 

Platform  for  same  of  stone,  brick,  etc 106 

Concerning  the  keeping  of  fire  buckets 107 

Quantity  of  gunpowder  and  fire-works  limited 108 

Organizing  a fire  brigade 109 

Duties  of 110 

Destroying  houses  w'hen  necessary Ill 

Assistant  engineer  to  preside  at  mt?etings 112 

Mayor  to  procure  tools,  implements, '^tc.. " 113 


126 


INDEX. 


Article. 


Mayor  empowered  to  direct  fire  police 114 

Penalty  for  interfering  with  fire  police llfi 

Mayoj-  empowered  to  protect  rights  and  property 116 

FIRE  ENGINE  DEPARTMENT  : 

Election  of  officers 117 

Duties  of  chief  engineer 118 

Duties  of  second  engineer 119 

Duties  of  third  engineer 120 

Duties  of  foreman  121 

Duties  of  assistant  foreman  122 

Duties  of  firemen  123 

Chief  engineer  to  report  to  the  city  council 124 

City  council  to  remove  any  member  of  fire  police 125 

Firemen  to  provide  firemeffis  caps 126 

Expenditures  to  be  made  under  the  direction  of  chief  engineer...  i27 

Penalty  for  taking  tools,  apparatus,  etc 128 

A company  of  axemen  organized 129 

Equipmeu  t of 130 

Racing  not  allowed 131 

Drivers  held  responsible  for  carelessness ..132 

Companies  to  be  furnished  with  copy  of  fire  ordinance 134 

Officers  and  members  forbidden  to  make  purchases,  etc 135 

Not  to  drive  over  the  hose  of  engine 136 

Horses  required  to  be  exercised  daily 137 

Mayor  authorized  to  purchase  tools,  etc 138 

Mayor  authorized  to  sell  house  and  lot  on  Mechanic  street 139 


FIRE  LIMITS  : 

Erection  of  wooden  buildings  within  certain  limits  unlav^Tul 140 

Roof  and  walls  to  be  of  fire-proof  material 141 

Repairing  wooden  buildings  prohibited,  except  by  permit  from 

the  Mayor 142 

Buildings — when  declared  a nuisance 143 

Any  building  complained  of  as  dangerous  to  be  inspected 144 

Penalty  of  violating  first  section  of  ordinance 145 

Penalty  for  violating  third  section  of  ordinance 146 

Fines — to  whom  paid 147 

Mayor  to  be  notified  in  writing  of  desire  to  repair  wooden  buildings-148 

All  ordinances  in  conflict  repealed 149 

Duty  of  the  chief  of  police 150, 


GAS: 

Authorizing  James  McLean  and  others  to  lay  gas  pipes,  etc 151 

Regulations  concerning  the  laying  of  gas  pipes 152 

City  furnished  at  same  price  as  individuals ‘ ..  .153 

Price  fixed 154 

Temporal^  failure  not  to  work^forfeiture 155 

Mayor  authorized  to  sign  contract 156 

Laying  pipe,  conditions  of 157 

Mayor  to  issue  permits 158 

City  to  purchase,  etc 159 

Erection  of  works  east  of  Thirty-third  street  prohibited 160 

GAMING  TABLES;  (See  Public  Peace.)  ' 

GOATS : (See  Animals.) 

HACKS,  DRAYS  AND  VEHICLES : 

License  to  be  obtained  before  using 161 

Bond  to  be  executed — terms  of 161 

Failure  to  give  bond  punished 161 

Duties  of  Mayor  and  Clerk  in  issuing  license 16r2 


IITOEX. 


127 


When  to  be  renewed 

Licence — when  paid  for— how  numbered,  etc 

Responsible  for  persons  using  license 

Penalty  for  using  false  numbers ^ 

Penalty  for  neglect  to  repair  numbers 

Penalty  for  fast  driving  through*  the  streets 

Draymen,  etc.,  to  take  right  side  of  streets  ... 

Draymen,  etc.,  to  render  assistance  in  case  of  accident 

Penalty  for  driving  on  sidewalks 

Penalty  for  refusal  to  transport  merchandise 

Draymen,  etc.,  required  to  take  full  load 

Fuli  load  defined 

Prices  defined 

Prices  defined  for  drivers  of  hackney  coaches 

Placing  vehicles  to  obstruct  streets  prohibited 

How  fines  shall  be  recovered 

HARBOR  IMPROVEMENT  BONDS : 

Appointment  of  a board 

Board  empowered  to  employ  assistance 

Board  to  correspond,  and  procure  maps 

Plan  of  work  submitted  to  the  city  councih 

Estimate  of  funds  required,  examined  by  city  council... 

Board  to  keep  account  of  all  expenditures 

Bonds,  Mayor  authorized  to  have  engraved 

Limits  of  value  fixed,  etc 

Interest  provided  for — sinking  fund  created 

Fund  a special  deposit  with  the  Treasurer 

Proposals  from  holders  invited 

Treasurer  to  file  list  of  coupons  with  City  Clerk 

Treasurer  to  report  to  finance  committee 

Board  empowered  to  employ  a clerk 

Board  empowered  to  allow  a salary 


Article. 

163 

164 

165 

166 

167 

168 

169 

170 

171 

172 

173 

173 

174 

175 

176 

177 


178 

179 

180 
181 
182 
183 
,184 

185 

186 
,187 
.187 
188 
189 
.190 
.190 


HARBOR  AND  HARBOR  MASTER  : 

Wrecks  brought  into  the  harbor  prohibited 191 

Casting  obstructions  into  the  harbor  prohibited 192 

Harbor  Master  to  place,  and  remove  ships,  etc.,  in  the  harbor...  193 
Harbor  Master  to  enforce  execution  of  bylaw^s  and  ordinances... 194 

Ballast  to  be  landed  on  shore 195 

Combustibles  not  to  be  heated  on  board  vessels 195 

Vessels  to  be  moored  within  twenty-four  hours 196 

Regulations  for  vessels  in  harbor 197 

Penalties  for  violation  of  ordinances 198 

Extending  of  wharf  beyond  a depth  of  twelve  feet  prohibited...  199 
Penalty  imposed 199 


HEALTH  REGULATIONS  : (See  sanitary  regulations.) 


(See  quarantine.) 

HEALTH  PHYSICIAN : (See  quarantine.) 

HOSPITAL : 

Persons  suspected  of  disease  sent  to  city  hospital : 200 

Tainted  goods  to  be  destroyed 200 

Resident  physician  in  charge  of  hospital 201 

Resident  physician  to  appoint  house  surgeon 201 

Salary  fixed  by  city  council,  etc 201 

Hospital  fees — where  paid 202 

Keeping  any  other  hospital  prohibited  within  certain  limits 203 

Fine  fixed  for  so  doing * 203 

Duty  of  Mayor  to  remove  patients  to  hospital 204 


128 


INDEX. 


Articlk. 

Ph.>/sieian  to  admit  Mayor,  Committee,  Aldermen,  etc 205 

Failure  so  to  do,  a vioiarioii  ot  contract 205 

Mayor  to  issue  permits - *^0G 

Receiving  paupers  and  ccAinty  patients  proliibited 20G 

.Ward  set  apart  for  eye,  throat. and  ear 207 

Physician  for  said  ward  appointed 208^ 

No  compensation  for  services 208 

HOUSES: 

How  numbered  north  and  south - 209 

How  numbered  east  and  west ^19 

Fifty  numbers  assigned  to  each  block.. 

HOGS  : (See  animals.) 

ILL^FAME  : (See  Public  Peace.) 

INSPECTORS : 

Health  inspectors.  (See  Officers.) 

(See  Lumber  Inspectors.) 

LAMPS : (See  Streets  and  Side-walks.) 

LICENSE:  (See  Taxes.) 

LUMBER  INSPECTORS : 


Office  created  for  classification  of  lumber ............482 

Appointment  of,  by  the  mayor. 485 

Officer  commissioned  by  the  mayor 484 

Office  kept  in  the  city 484 

Officer  to  keep  a record  book 485 

To  re-mark  lumber,  etc 485 

Rate  of  fees  fixed - * 486 

Inspector  to  give  bond  and  security 487 

Ordinances  in  conflict  with  repealed 488 

MAYOR : 

Compensation  of  (See  Officers) 

Qualifications  of  (See  Aldermen) 4 

MARKETS  : 

Meats  of  all  kinds  to  be  brought  to  markets 21 1 

Penaltj^  for  selling  meats  &c.,  elsewhere 211 

Hour  fixed  for  opening  in  summer 212 

Hour  fixed  for  opening  in  winter 212 

Articles  to  be  sold  at  stalls,  specified 212 

Sale  of  other  things  at  stalls  prohibited 213 

Price  of  stalls  fixed  by  City  Council 214 

Respective  value,  specified 214 

Stalls  and  stands  sold  at  public  auction  &c., 214 

Cleaning  and  Lighting  of  the  market  offered  to  the  lowest  bidder  215 

Contractor  to  give  bond 215 

Encumbering  the  passage  way  in  market  prohibited 216 

Penalty  fixed 216 

Interfering  with  ropes,  tackle,  &c.,  prohibited 217 

Penalty  fixed 217 

Injury  to  planks  used  as  counters,  prohibited 218 

Sale  of  tainted  meat  prohibited 219 

Fine  imposed 219 

Privilege  granted  to  sell  in  streets 229 

Limits  of  streets  to  sell  in  defined 229 

Chief  of  Police  to  regulate  position  of  tables,  &c., 229 

Sum  paid  for  the  use  of  the  city 229 

Permission  to  give  up  stall 221 

Condition  of  granting  privilege 222 


INDEX. 


129 


Article  . 

Taking  round  for  sale  in  wagons,  &c.,  not  prohibited 222 

City  Council  to  grant  market  privilege  in  the  city,  &c., 223 

Each  butcher  to  pay  $100  per  year 223 

MULES:  (See  Animals.) 

NIGHT  WATCH:  (See  Police  Regulations  ) 

NUISANCES : 

Erection  of  Privys  prohibited  within  certain  limits 224 

Removal  of,  when  necessary 22jt 

Direction  for  keeping,  penalty  for  violation 225 

Removal  of  contents  prohibited  in  certain  seasons 226 

Directions  prescribed  by  Mayor,  Board  of  Health,  &c 226 

Removal  within  certain  hoars  of  the  night 220 

Depositing  or  leaving  any  carcass,  &c.,  in  streets,  p rohibited.  ...227 

Plate  for  such  purpose  designated  by  the  Mayor 227 

Carcasses,  &c.,  prohibited  from  remaining  in  hous  , lot,  &c 227 

Every  owner  to  remove  any  dead  animal 229 

Fine  for  relusal  so  to  do ..226 

No  factory,  butchery,  &c.,  to  be  erected,  if  deemed  a nuisance. ..231 

Fine  for  violation 231 

Discharging  into  the  streets  any  offensive  substance  prohibited. 230 

Fine  for  violation i 230 

Every  owner,  d^.o.,  of  a Wharf,  to  keep  the  Docks,  A.c.,  clear 232 

Penalty  for  violation 232 

Vessels  containing  stagnant  water  declared  a nuisance 233 

Owners  to  have  cleaned  and  purified 233 

Penalt^^  for  violation 233 

Introduction  of  infected  articles  into  the  city  prohibited 234 

Fine  for  violation 234 

How  fines  to  be  recoverable  235 

Skinning  and  leaving  any  dead  animal  prohibited^ 236 

Fine  for  violation 236 

OFFICERS : 

Compensation  of  Chief  of  Police 237 

Compensation  payable  in  monthly  payments 237 

of  Superintendent  of  Streets 237 

of  Recorder 237 

of  Harbor  Master 237 

of  Assessor 238 

Chief  of  Police  to  give  bond 239 

Compensation  of  City  Clerk 239 

of  City  Engineer 239 

of  City  Treasurer 239 

of  City  Collector 239 

of  Mayor 239 

of  Aldermen 239 

of  City  Sexton 240 

of  Deputy  Chief  of  Police 241 

of  Sergeant  of  Police 241 

of  Patrolmen '. 241 

of  Detectives 241 

of  Chief  of  Fire  Department 241 

of  Fire  Engineers 241 

of  Stokers 241 

of  Engine  House  Keepers 241 

of  Hospital  Physician 241 

of  Health  Physician 241 

of  Health  Inspectors 241 

OIL : (See  Petroleum.) 


130 


INDEX. 


Article. 

ORDINANCES  : 

Form  of  enacting  clause  242 

Rule  applied  to  resolutions  having  the  force  of  ordinances 242 

Ordinances  not  repealed  by  general  terms 243 

Title,  date  and  number  given 243 

Ordinances  amended  by  particular  sections  designated 244 

No  repealed  ordinance  to  be  revived 245 

How  wards  are  to  be  used 246 

Ordinances  to  be  revised  and  printed 247 

Person  appointed  to  make  a digest 248 

Salary  for  work  fixed 248 

Plan  of  digest 249 

Each  chapter  submitted  to  the  council 250 

Work  to  be  bound 250 

Each  ofScer  to  receipt  for  a copy 250 

Stationery  furnished 251 

How  paid  for 251 

PETROLEUM,  &c. : 

Storage  of  in  certain  quantities  prohibited 252 

Buildings  for  manufactories  to  be  inspected 253 

Certificate  of  building  required 253 

Certificate  returned  to  Mayor  for  approval 254 

Mayor  authorized  to  issue  certificate 254 

Holders  of  certificate  to  allow  inspection  of  promises 255 

Persons  designated  by  the  Mayor  to  make  inspection .^255 

Certificate  prohibited  to  building  occupied  in  part  as  dw’elling 

house 256 

Fine  for  violation  of  ordinance 257 

Fine  for  continuation  of  violation 258 

POLICE  REGULATIONS  : 

Duties  of  policemen 259 

Penalty  for  interfering  with  chief  of  police 260 

‘ V ith  other  police  officers 260 

Chief  of  police  to  report  monthly  to  the  city  council 261 

Policemen  provided  with  proper  arms,  &c... 261 

Chief  of  police  to  enforce  penalties 262 

Persons  prohibited  from  using  the  police  whistle 263 

Fine  for  violation  of  ordinance 263 

PORT  WARDENS : 

Appointment  of 264 

Oath  to  be  taken 265 

Duties  of. 266 

Ships  prohibited  from  breaking  bulk,  &c 267 

Fees  for  services .268 

Port  Wardens  required  in  attendance  in  certain  cases 269 

Removal  from  office  for  failure  in  duty 270 

PRACTICE  : 

Proceedings  before  Recorder,  how  instituted 271 

How  process  shall  be  executed 272 

City  clerk  to  keep  a ducket 273 

Process  issued  upon  application  of  complainant 274 

By  whom  served 274 

Summoning  of  a jury 275 

Recorder  to  discriminate  in  the  infliction  of  penalty 276 

No  fine  to  be  less  than  one  dollar 276 

Fines  paid  into  the  city  treasury • 277 

Recorder  empowered  to  remit  fine 278 

Imprisonment  for  failure  to  paj^fine 279 


INDEX. 


131 


Article, 

PUBLIC  PEACE : 

Keepers  of  coffee  house,  restaurants,  &c.,  duties  of 280 

Penalty  for  violation  of  ordinance 280 

for  repetition  of  violation 280 

Duties  of  chief  of  police 281 

Powers  of  ” ’’  

Fightino-,  riotous  and  disorderly  conduct  prohibited 282 

Bond  to  be  given 282 

Disturbing  religions  and  other  meetings  punished 283 

Playing  at  cards  and  dice  for  money  prohibited 284 

Prohibiting  the  keeping  ot  gaming  tables,  &c 285 

Punishment  for  violation 285 

Punishment  for  betting,  &c 286 

” for  vagrants,  disorderly  persons,  *fec 287 

for  persons  of  evil  life,  ill-fame,  &c 287 

Ee  order  to  appoint  a keeper 288 

Provisions  to  be  furnished 288 

Bawdy  house,  or  house  of  ill-fame,  unlawful  within  certain  limits,  289 

Penalty  for  keeping 289 

Penalty  for  renting  house  for  prostitution 290 

Public  dance  house  not  to  be  kept  without  a permit ..291 

Policemen  to  attend  balls  at  public  dance  house 292 

License  to  be  obtained 292 

Bond  to  be  given 292 

Riots  and  disturbance  immediately  suppressed 293 

House  to  be  closed  on  refusal  to  com];)ly 293 

PUBLIC  SQUARES: 

Block  310  to  be  enclosed,  &c 291 

Block  320  planted  with  trees 294 

Appropriation  to  defray  expense 295 

Mayor  to  issue  his  warrant 295 

PUBLIC  SCALES:  (See  Scales.) 

POUNDS:  (See  Animals.) 

QUARANTINE: 

Vessels  arriving  subject  to  regulations.- 296 

Quarantine  anchorage 297 

Time  of  remaining 297 

Governor’s  proclamation  to  prescribe  time 297 

Health  officer  appointed 298 

Persons  to  answer  under  oath 298 

Health  officer  to  give  written  permit 299 

No  lighter,  etc.,  employed  without  a permit 300 

Mails  to  bo  landed  as  soon  as  safe 300 

Officer  in  command  to  report  to  health  officer.. 301 

Vessel  to  be  fumigated  when  required... 302 

Bedding,  clothing,  etc,.,  destroyed  when  necessary ..303 

Giving  false  information  prohibited 304 

Penalty  for  violation 304 

Penalty  for  interference  with  health  officer 305 

Masters  of  vessels  punished  for  neglect,  etc 306 

Persons  to  stand  committed 307 

Fine  for  pilots  violating  ordinance 308 

Health  physician  to  be  quarantine  physician 494 

Duties  of." '--1 494 

Pilots  to  notify  vessels 495 

Pilots  fined  for  violation.. 495 

Penalty  for  captain,  master,  etc.,  offending 496 

Captain  to  report  in  writing  to  quarantine  physician 497 

Drivers,  conductors,  etc.,  to  report  cases  of  sickness 498 


132 


OBEX. 


Article. 


Fine  for  omission 498 

Fine  for  bringing  tainted  property  into  the  city 499 

Powers  of  health  physician 500 

Keepers  of  hotels,  inns,  etc.,  to  report  illness 501 

Each  physician  to  report  to  health  physician 502 

To  he  taken  to  a pest-house 50^1 

Kept  isolated  from  healthy  persons... 50:i 

Health  physician  to  visit  vessels ^ 504 

Charges  allowed 504 


RACING:  (See  Hacks,  Drays,  &c.) 
RECORDER : 

Qualifications  of : (See  Aldermen.) 
Compensition  of:  (See  Officers.) 
Duties  of:  (See  Practice.) 

RIDING  : (See  Hacks,  Drays,  &c.) 

(See  Wharves.) 

SANITARY  REGULATIONS: 


City  Council  to  appoint  Health  Inspectors 309* 

Duties  of 309 

Compensation  fixed  by  the  City  Council  ..319 

Keepers  of  hotels,  &c.  to  report  to  Health  Officer 311 

Powers  of  Health  Physician 312 

Premises  to  be  inspected 313 

Constructing  vaults,  sinks,  &c 314 

Removal  of  anything  dangerous  to  health,  &c 315 

Births,  deaths  and  burials,  ascertaining  number  of 315 

Number  of  marriages 316 

Issuing  general  rules 317 

Fines,  when  liable  to 318 

Duty  of  Chief  of  Police 319 

Expenses  incurred  by  Health  Physician 329 

Stagnant  water,  &-c.,  declared  a nuisance 321 

Lots  to  be  filled,  houses  raised,  &c..._ 322 

Owners  required  to  cleanse  and  purify 323 

All  notices  to  be  in  writing,  how  served 324 

Street  Commissioner  to  have  work  done  in  certain  cases 325 

Owner  to  be  charged  with  expense 325 

Account  delivered  to  attorney  for  collection 326 

SCALES : 

Privilege  granted  to  Charles  Lemmerman 327 

City  Council  to  fix  scale  of  y^rices 327 

SLAUGHTER-HOUSES  AND  YARDS : 

Not  allowed  within  the  city  limits.- 328 

Fresh  meat  only  to  be  kept  in  market  house 328 

Declared  a nuisance  'within  city  limits - 329 

No  offensive  trade  to  be  carried  on  in  the  city  limits 339 

All  such  declared  a nuisance 339 

Each  day  adjudged  a separate  offence 331 

Punishment  for  offending 332 

Recorder  to  issue  a writ  to  chief  of  police 333 

Chief  of  police  ordered  to  abate  the  same 333 


SEXTON : 

Compensation  of.  (See  officers.) 

Duties  of:  (See  Cemeteries.) 

SHOWS,  CIRCUSES  AND  OTHER  EXHIBITIONS  : 


Three  policemen  employed  to  attend .334 

Fine  for  refusal  to  employ  police 334 

Chief  of  police  to  designate  officers 335 


INDEX. 


133 


STREETS,  SIDEWALKS,  AND  ALLEYS  ; 

Extending  and  opening  to  the  channel  

Encumbering  and  obstructing  streets  unlawful 

Duty  of  Mayor  to  have  removed 

Buildings  not  to  encroach  on  streets  and  sidewalks 

Width  of  sidewalks 

Balcony  not  to  project  over  sidewalks 

Privilege  of  extending  an  awning — conditions  of 

Trees  and  posts,  how  to  be  planted 

Bricks,  timber,  &c.,  how  to  be  laid  in  streets 

Not  to  obstruct  the  drainage  of  r^treets 

Penalty  for  encumbering  strcei  or  jidev/alk 

Chief  of  police  to  remove  obstructions 

Articles  to  be  sold  if  not  called  for 

Sidew'alks  to  be  kept  free  of  weeds 

Owners  to  keep  up  their  sidewalks ■ 

Lanes  and  alleys  not  to  be  thoroughfares 

Construction  of  pavements  and  sidewalks,  how  done 

Slieds  and  awnings  not  to  obstruct  the  gas  lamps 

Fine  for  obstructing  lamps 

City  engineer  to  detine  grade  of  sidewalks 

Street  commissioner  to  be  furnished  with  estimate  of  cost 

Owners  of  lots  to  be  furnished  with  notice 

Superintendent  of  streets  to  have  work  completed 

Owners  recpiired  to  pay  for  same 

Penalty  for  refusal  to  pay 

Two-thirds  of  owimrs  to  t|ecide  on  material,  &c 

Gutters  to  be  laid,  how 

List  of  streets  to  be  graded  and  shelled 

Mayor  to  advertise  for  proposals  for  shell 

City  engineer  directed  to  fix  grade 

Assessment  payable  in  five  pa^^ments 

Assessments  collected  paid  into  the  treasury 

Payment  to  be  made  in  bonds  of  the  city 

Space  reserved  on  Broad w’ay  for  esplanade 

Unlawful  to  encumher  said  space 

Driving,  &c.,  prohibited,  when  trees  shall  be  planted 

Fine  for  violation 

Method  of  enclosing  esplanade 

Owners  to  keep  sidewalks  clean,  &c 

Fine  for  violation 

No  earth  to  be  removed  without  consent  of  owner 

Earth  not  to  be  removed  without  cousent  of  city  council., 

Fine  imposed ‘ 

City  engineer  to  make  survey 

Streets  raised,  sidewalks  constructed 

Each  owuer  to  fill  lot  to  level  of  grade 

Persons  building  to  have  lot  surveyed 

Fine  for  failure  to  fill  lot *** 

line  for  failure  to  raise  house  when  required 

STREET  SUPERINTENDENT: 

To  subscribe  to  au  oath 

Duties  of 

Shall  receipt  for  sand,  shell,  etc 

Shall  supervise  construction  of  street  raiiways^^.^^........ 

ohall  report  violations  of  contract  of  city  council 

Shall  report  list  of  lots,  etc 

Estimate  of  expense  entered  on  said  list 
Lots  improved  by  shell,  cost  of ' 


APwTICLE. 

336 

337 

337 

338 

339 

340 

341 

34-2 

343 

344 

345 

346 

346 

347 

348 

349 

350 

351 

352 

353 

354 

355 

356 

356 

357 

358 

359 

360 

361 

362 

363 

364 

365 

366 

367 

368 

369 

370 

371 

372 

373 

374 

375 

376 

377 

378 

379 

380 

........381 


.382 

.383 

.384 

.385 

.386 

,387 

,388 

,389 


134 


INDEX. 


Article. 

IMPEOVEMENT  OF  STREETS  : 

Shall  be  undertaken  when 490 

Two-thirds  of  board  of  aldermen  shall  concur 490 

City  en<jjineer  to  make  survej" 491 

Assessments  returned  to  city  council 491 

To  be  approved  by  board  of  aldermen 491 

Collector  of  taxes  to  collect  assessments  and  interest 492 

City  attorney  to  ha ve  certified  copy  of  assessment 492 

Collector  pay  monthly  to  the  treasurer 492 

City  clerk  to  enter  such  payments... 492 

Repealing  a former  ordinance... 493 

TABLES: 

Billiard  and  gaming  tables:  (See  public  peace.) 

TAXES : 

Annual  provided  for ‘^0 

Failure  to  render  property  pnidshed 24 

Collector  to  give  notice  and  demand  payment  when  duo  25 

Levy  on  and  sale  of  property  for 26 

Property  to  be  resold  hen 27 

Certificates  of  purchase  to  be  executed,  etc 28 

Suits  to  be  instituted  for  collection ^ 29 

Property  exempt  from  taxation 30 

TAXES— LICENSE  TAX  AND  ADVALOREM  TAX. 

All  persons  engaged  in  profession,  calling,  etc.,  to  pay  license  tax393 

Only  transferable  by  permission  of  city  council 393 

License  tax  for  banking  houses  specified 394 

License  tax  for  insurance  companies  specified.  . 395 

Tax  fixed  for  theatres,  opera  houses,  etc 397 

Every  incorporated  company,  etc.,  tax  fixed 396 

Foreign  and  domestic  exchange — tax  for 398 

Pawnbrokers — tax 399 

Transacting  business  as  a broker,  etc 400 

Hotel  keepers,  private  boarding  house,  etc 401 

Club  house,  billiard  tables,  selling  of  liquors,  etc 402 

Dealers  in  wholesale  and  retail — tax  fixed 403 

Merchant-tailors  and  shoe-makers 434 

Keepers  of  restaurant  or  eating  house 4O5 

Cotton  press,  wharf  and  gas  companies 406 

City  railroad  company 4O6 

Retail  grocery  store 4Q-7 

Commission  merchant,  produce  and  merchandise  broker 408 

Ship  or  steamboat  agent 40g 

Auctioneer,  or  selling  real  estate 4 10 

Shipping  master 

Coal  business,  wholesale  wood  business 412 

No  tax  selling  from  vessels  and  railroads 412 

Ticket  or  freight  agent,  tax  for 413 

Real  estate  agent,  house  broker 414 

Cotton  and  produce  weigher 415 

Bottling  vinous  or  malt  liquors 416 

Keeper  of  ware-house 417 

Billiard  table,  ten  pin  alley,  shooting  gallery 418 

Undertaker's  establishment 419  ' 

Lumber  yard,  sash  factory 420 

Dealers  in  carriages,  buggies,  etc 420 

Barbers  shop 421 

Mil li  n cry  establish  men  t 422 

Pedlar,  hawker,  itinerant  dealer,  etc 423 


INDEX. 


135 


Article. 

Keeper  of  oyster  staud 424 

Intelligence  office 425 

Hall  for  concerts,  balls,  etc 426 

Drays,  furniture  carts,  milk  wagons,  etc 427 

Hacks,  buggies,  carriages,  etc 427 

Number  painted  in  colors,  etc 427 

Number  to  correspond  with  license 427 

Limit  fixed  for  license  to  run 428 

Transient  theatre,  circus,  etc.,  tax  fixed 429 

Hand  organ,  or  other  muscal  instrument 429 

Selling  goods  by  sample,  cut,  etc 430 

Attorney,  lawyer,  physician 431 

Photographer,  dentist,  conveyancer 431 

Keeper  of  livery  stable 432 

Clairvoyant,  astrologer,  fortune-teller 433 

Keeper  of  gift  store,  cup-tasser 433 

Stalls  for  meat,  vegetables,  etc 434 

Stalls  out  of  the  market 435 

Every  machine  shop,  foundry,  etc 436 

Soda  fountain,  ice  cream  saloon 437 

Bar-rooms,  grog-shops,  etc.,  taxed  according  to  class 438 

Flying-horse,  velocipedrom,  hotel  runner,  etc 439 

Every  person,  firm,  member  of  firm,  etc 440 

License  obtained  before  commencing  business 441 

Persons  making  application,  deposit  affidavit  with  treasurer 442 

Special  duty  of  police  officers 443 

Treasurer  to  receive  all  dues  for  license  taxes 444 

All  receipts  presented  to  the  mayor 445 

Treasurer  to  make  monthly  report  to  city  council 446 

Bonds  to  be  filed  with  city  clerk 447 

Tax  levied  on  all  property,  real  and  personal 448 

Tax  levied  for  bridge  debt 449 

Poll  tax  levied 450 

Assessor  authorized  to  assess  tax 451 

TAXES : 

Amending  first  section  of  former  ordinance 517 

Amending  fifty-first  section 518 

Repealing  clause  in  section  forty-nine 519 

Tax  levied  and  board  of  appraisement  to  be  appointed 521 

Poll  tax  levied ,.522 

Three  commissioners  appointed  by  the  mayor ..523 

All  property  shall  be  rendered  for  taxation ...524 

Penalties  for  neglect  and  failure 524 

Treasurer  to  reserve  one-fourth 525 

Interest  and  principal  of  bridge  bonds 525 

TREASURER : 

To  keep  account  of  proceeds  of  bonds  sold 42 

To  pay  matured  coupons  on  bonds.. - 44 

To  countersign  bonds 45 

Duties  of 452 

Books  of  collecting  officers  open  to  inspection 452 

Treasurer  to  keep  a full  set  of  books 453 

Treasurer  to  take  and  subscribe  an  oath 454 

Treasurer  to  enter  into  bond 454 

Prohibited  from  using  public  money  for  own  nse 455 

Removal  from  office  for  violation 455t 

VAGRANTS:  (See  Public  Peace.) 


136 


INDEX. 


Article. 

WARDS : 

City  d^ivided  into 456 

Limits  of  first  ward 457 

of  second  ward ...458 

of  third  ward 459 

of  fourth  ward 460 

WEAPONS : 

Carrying  of  unlawful. 461 

Penalty  imposed 461 

Special  duty  of  Chief  of  Police 461 

WELLS : 

Leaving  open  prohibited 462 

Fine  for  violation 462 

WHARVES: 

Fast  driving  on  wharves  prohibited 463 

Fine  imposed  for  violation 463 

Right  of  way  for  railroad  granted 464 

Wharf  company  to  have  powers  and  privileges ...464 

Railroad  not  to  obstsuct  free  passage  of  streets 464 

YARDS:  (See  Slaughter  Houses.) 


137 


OF 

CITY  COUNCIL  OF  GALVESTON  FOR  1872. 


ON  STREETS  AND  ALLEYS. 


J.  M.  Browu, 

John  Sealy, 

Chairman  : 

Julius  Frederich. 

ON  HOSPITAL  AND  HEALTH. 

Johnson  Eeed^ 

J.  M.  Brov/n, 

Chairman ; 

Kobert  Calwell. 

ON  HARBOR  AND 

WHARVES. 

J.  P.  Cole, 

M.  Kopperl, 

Chairman  ; 

John  Sealy. 

ON  FIRE  DEPARTMENT. 

Julius  Frederichj 

Hamilton  Stuart, 

Chairman  ; 

Johnson  Keed. 

ON  MARKETS. 

E".  Patten, 

H.  Kosenberg. 

ON  FINANCE  AND 

REVENUE. 

M.  Kopperl, 

H.  Kosenberg, 

John  Sealy. 

ON  LICENCES  AND 

ASSESSMENTS.. 

H.  Kosenberg, 

Hamilton  Stuart, 

J.  P.  Cole. 

ON  POLICE. 

Hamilton  Stuart, 

Kobert  Oalwell, 

Chairman ; 

Thomas  Baker. 

ON  PRINTING. 

M.  Y.  McMahan, 

N.  Patten, 

Chairman  ; 

John  Sealy. 

ON  CLAIMS  AND 

ACCOUNTS. 

J.  P.  Cole, 

Hamilton  Stuart, 

Julius  Frederich. 

4 


